Smt. Sangita Paul, Member

This is a case filed by Shri Milan Natuya, S/o. Bharat Chandra Natuya of Village – Nimpith, P.O. – Nimpith Ashram, P.S. – Bakultala (Jaynagar), Dist. – South 24 Parganas, West Bengal, Pin – 743 338 against Amazon.in and Singh Store, with a prayer directing the OPs to refund the amount paid by the complainant to the tune of Rs.13,579/- and to pay compensation to the tune of Rs.50,000/- for mental agony and harassment caused to him.

OP No.1 is Amazon.in.  The address is Brigade Gateway, 8^th floor, 26/1, Dr. Rajkumar Road Malleshwaram (W) Bangalore, Pin-560055, Karnataka, India.

OP No.2 is Singh Store.  The proprietor is Amarpal Singh. Mall Road, Kapurthala, Punjab, Pin – 144 601.

The complainant, by filing this case states that he has his own registered ID in Amazon website.  On 13.10.2021, the complainant chose a DCP-B7500D, Multifunction Monochrome Laser Printer, the order No. of which was 402-0160549-6205966.  The complainant bought it for Rs.14999.00.  The complainant purchased it by using this Axis Bank Credit Card.  The complainant also avail a Bank discount of Rs.1500/-.  The complainant paid Rs.13,579/-.  The delivery date of the packed item was 23.10.2021.  But it was not reached on that date.  On 27.10.2021, the complainant received a packet, the weight of which was 44 gm.  The complainant received the package at 5:00 p.m.  It had the same tracking ID and Ref. No., which was provided by the Amazon Services, the complainant also signed on it at the time of receiving the package.  It was not the printer which he ordered for.  The complainant called the Amazon personnel and told that it was not that which he had ordered for.  At that time he did not tear open the package.  At last he opened the package and found a scale, a pencil, a rubber and a bill.  The complainant sent the package to the customer care division of Amazon.in.  The representative of the said division informed that he would mail the retail provider.  The complainant was told that his complaint had been registered. 

On 30.10.2021, the complainant called the representative of customer care division, but they did not receive any message from the retail vendor.  Then the complainant was informed that the matter would be taken by the Amazon Investigation Team.  Later they informed that no discrepancy was found in the delivery.  The OP delivered the item for which he paid.  No replacement would be made.  On 04.11.2021 the complainant mailed but again the complainant received the same reply that his purchased item had been sent to him.  The complainant also informed the matter to Consumer Affairs & Fair Business Practice (CA&FBP), South 24 Pgs.  The problem was not solved through mediation.  because the OPs failed to turn up.  At last the complainant lodged this case. 

The complainant prays for a direction to refund the amount of Rs.13,579/- being the amount spent by the complainant for purchasing the printer, to pay compensation to the tune of Rs.50,000/-  for mental agony and harassment caused to him and to pay litigation cost.

The instant case was filed on 10.03.2022 and admitted on 07.04.2022.  OPs did not appear to contest the case.  Neither they appeared nor did they file W/V.  As per order dated 16.06.2022, the present case proceeded ex-parte against both the OPs 1 & 2.  On 21.07.2022, the complainant files evidence on affidavit. On 01.09.2022 argument was heard in part and on 10.11.2022 the argument was heard in full.  BNA was filed.  Accordingly, we proceeded for giving judgement on 12.12.2022.

Points of consideration :-

1. Is the complainant, a consumer?
2. Are the OPs guilty of deficiency in service and unfair trade practice?
3. Is the complainant entitled to get relief as prayed for?

Decision with reasons :-

            On perusal of the records and documents, it appears that the complainant purchased a brother DCP B7500D Multi function Monochrome Laser Printer, the Order no. of which is 402-0160549-6205996 through Amazon-website.  The price of the printer was Rs.14999.00.  The complainant made payment through Axis Bank Credit Card and he availed of an instant Bank discount of Rs.1,500/- along with shipping charge.  The complainant paid Rs.13,579/-.  The packet was supposed to be delivered on 23.10.2021.  But the product reached to the complainant on 27.10.2021.  The complainant made full payment.  So, he is a consumer u/s 2(7) of the Consumer Protection Act 2019.

2.  The complainant made payment for purchasing a printer from Amazon.in.  But the complainant failed to get the same.  The complainant received the bill of payment on 13.10.2021 the day on which he placed the order to the complainant. But in  utter surprise the complainant received a small packet weighing 44 gms. containing a scale, a pencil, a rubber and a bill.  It was hardly expected from the well known commercial platform.  The OPs 1 & 2 did not bother for their mistake.  On 30.10.2021, they wanted apology to the complainant.  They tell that they would try to resolve the issue at the earliest.  On 02.11.2021, the division of customer service informed the complainant that there would be no refund of money and replacement of the product.  The complainant wrote on 04.11.2021.  The product was sent to the complainant on 20.10.2021, the complainant received it on 27.10.2021.  Amazon.in replied that they have closed their return window on 25.10.2021.  The OPs got the date of receipt from the receipt of service-personnel appointed by Amazon. The complainant wonders why the OPs closed the return window before the date of the complainant’s receipt.  It is nothing but unfair trade practice adopted by the OPs.  The weight of the printer is 10 Kg.  The weight of the same package was 44 gms.  It appears that these two things cannot be changed mistakenly.  The complainant made payment on 13.10.2021, but a product weighing 44 gms. reached to him on 27.10.2021.  The complainant made full payment 14 days ago, but failed to get the purchased product.  It shows deficiency in service. The OPs did not pay heed to the complainant’s request.  The complainant faced loss, but no redressal is made by the OPs.  The OPs are deficient in providing service.  Hence, the 2^nd point is decided in favour of the complainant and against the OPs. 

3.  The complainant paid for purchasing a printer.  Instead of printer he received a small packet containing a pencil, a scale, a rubber and a bill.  The weight of the package was 44 gms. Without tearing open the package, the complainant realized that the package contained something different.  The complainant was surprised and he opened the package.  He spent time in mental agony when he saw that his ordered item was not served by the Amazon.in.  He spent Rs.13,579/- for purchasing the printer.  The OP assured that the item would be delivered in time.  But the contrary happened.  The complainant received a small package, though he paid for the printer.  The complainant spent money but he failed to get the desired item.  He paid in advance.  The OPs received money but they did not send the right item to the complainant.  The complainant gave the amount on 13.10.2021.  The money was paid in advance; hence the OPs did not feel that it was their responsibility to send the right item at right time to the complainant’s address.  If the mode of payment were post paid, then the complainant would not have to spent time in anxiety.  Upon enquiry, the representative informed that the return window had been closed.  The complainant spent time in mental pain.  He was harassed by the OPs neither he got refund nor he got the printer.  It appears strange, that in the invoice, the description of the item is given but at the time of delivery the OPs made a mistake and the mistake was not solved.  The complainant was harassed by the OPs.  Hence, he is entitled to get relief as prayed for.  So, the 3^rd point is decided in favour of the complainant and against the OPs. 

In the result, the complaint case succeeds. 

Hence, it is,

                                                                              ORDERED

That the complaint be and the same is allowed ex-parte against the OPs  with cost of Rs.10,000/- (Rupees ten thousand).

That the OPs jointly or severally are directed to refund the amount of Rs.13,579/- (Rupees thirteen thousand five hundred and seventy nine) along with simple interest @ 10% p.a. w.e.f. 13.10.2021 till realization within 60 days from the date of this order.

That the OPs jointly or severally are directed to pay compensation to the tune of Rs.30,000/- (Rupees thirty thousand) to the complainant within 60 days from the date of this order. 

That the litigation cost of Rs.10,000/- (Rupees ten thousand) is to paid by the OPs jointly or severally within 60 days from the date of this order.

That the complainant is at liberty to put the order into execution if the orders are not complied with within 60 days from the date of this order.

Let a copy of the order be supplied free of cost to the parties concerned. 

That the final order will be available in the following website www.confonet.in.

Dictated and corrected by me.  

                   Member