PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR
CONSUMER COMPLAINT NO.70 /2023
Present-Dr. Ramakanta Satapathy, President,
Sri. SadanandaTripathy, Member,
Anshuman Mishra,
At-Basanta Nivas, Near Hanuman Mandir,
A.N.Guha Lane, Sambalpur-768001,Odisha, India
Mob No. 8249826221. ………………......Complainant.
Vrs.
- Amazon.in, Amazon India Retail Pvt. Ltd.
New Delhi, PIN-110019.
- Click Retail Pvt. Ltd.
Building No. CCU1, Mouza, Amaraberia, Phase 2, ESR Warehousing Pvt Ltd, Vill-Amraberia, Rajapur, Joargori Gram Panchayet, Uluberia,
Dist- Howrah, West Bengal, 711303, India……………......Opp.Parties
Counsels:-
- For the Complainant :- Self
- For the O.P.No.1 :- Sri. A.K. Sahoo & Associates
- For the O.P. No.2 :- Ex-parte
Date of Filing:17.05.2023, Date of Hearing :13.05.2024, Date of Judgement :02.07.2024
Presented byDr. Ramakanta Satapathy, PRESIDENT
- The case of the Complainant is that on 08.05.2023 the Complainant placed an order namely “Araldite Epoxy Adhesive of Pidilite Brand” from the seller clicktech Retail Pvt. Ltd. Rs. 70/- was selling price, M.R.P. Rs. 295/- and discount of 76% was given. When the product was delivered it was found that M.R.P. of the product is Rs. 70/- only and not Rs. 295/-. An extra coupon discount of 10% was given to Complainant for which cost of the product came to Rs. 62.78p vide order No. 407-0419500-0546750. The product was billed on 08.05.2023 to Advocate Sanjeev Kumar Mishra, father of the Complainant and delivered on 14.05.2023. Being aggrieved filed the complaint for unfair trade practice and misleading advertisement.
- The O.P. no.1 appeared but not file any version whereas O.P. No.2 was set ex-parte.
- The Complainant filed screen shot of product page on Amazon in website M.R.P. has been shown Rs. 295/- and after discount of 76% the price has been shown Rs.70/-. The screen shot of the product shows M.R.P. Rs. 70/- Rs. 5.38 per gm. Net quantity 13 gm. The Complainant also filed tax invoice order No. 407-0419500-0546750 dated 08.05.2023 and billing address has been shown as Adv. Sanjeev Kumar Mishra, Basanta Nivas, Near Hanuman Temple, A.N. Guha Lane, Sambalpur. The purchaser is advocate Sanjeev Kumar Mishra whereas complaint has been filed by his son. As Hindu undivided family the case is taken up without going to any technicalities.
- The advertisement page reflects price of the product as Rs.295/- whereas after delivery the M.R.P. has been reflected as Rs. 70/-. To attract the customers such type of advertisement has been made showing M.R.P. Rs. 295/- discount 76% and price Rs. 70/-. The M.R.P. of the product is Rs. 70/-. Such types of advertisements are not only misleading the consumers but also it is illegal. No doubt special discount of 10% is given to the Complainant.
The O.P. No.2 as a product seller given the advertisement and the O.P. no.1 although an online platform by circulating such advertisement equally liable with O.P. No.2.
Accordingly, it is ordered.
ORDER
The complaint is allowed against O.P. No.1 on merit and ex-parte against O.P. No.2. The O.Ps are jointly liable to pay compensation of Rs. 5000/- to the Complainant. No other cost and expenses.
Order pronounced on open court on 2nd July, 2024.
Supply free copies to the parties.