Chandigarh

DF-II

CC/333/2017

Baljinder Kaur - Complainant(s)

Versus

Amazon - Opp.Party(s)

Jagan Nath Bhandari Adv.

09 Sep 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	333 of 2017
Date  of  Institution	:	18.04.2017
Date   of   Decision	:	09.09.2017

 

 

 

 

Baljinder Kaur, Daughter of Sh.Amrik Singh, at present residing in House No.3390, Sector 15-D, Chandigarh.  Earlier resident of Hostel No.1, Punjab University, Chandigarh and permanent resident of Ward No.11, Kainthan Dasuya, Tehsil Dasuya, HSP 144205 Punjab, India.     

                               …..Complainant

Versus

Amazon, through its Managing Director/Manager, Corporate Office: Brigade Gateway, 8^th Floor, 26/1, Dr.Rajkumar Road, Malleshwaram West Bengaluru, Karnataka 560055  

                          ….. Opposite Party

BEFORE:  SH.RAJAN DEWAN                 PRESIDENT

         MRS.PRITI MALHOTRA             MEMBER

                                SH. RAVINDER SINGH             MEMBER

                               

Argued by :     Sh.Jagan Nath Bhandari, Adv.for complainant

Sh.Mohit Sharma, Adv. proxy for Sh.S.C.Thetai, Adv. for the OP

 

  

PER PRITI MALHOTRA, MEMBER

 

 

          Briefly stated, the complainant, a student, out of her savings, purchased a pair of Lee Cooper Men’s Black Leather Casual Shoe worth Rs.2599/- from OP's Online Retail Outlet by placing an order on 30.8.2016, which was later confirmed.  Accordingly, the said order was delivered to the complainant on 2.9.2016 and the amount was paid in cash at the time of taking delivery (Ann.C-1).  It is averred that shoe size of the product delivered was not proper and therefore, it was returned on 2.9.2016. The request for return was created on the webpage of the Opposite Party through complainant’s account and the pair of shoe was picked up by the pickup boy namely Kashmir Singh, who also issued receipt bearing tracking number (Ann.C-2).  It is also averred that the Opposite Party after receipt of product for exchange sent an acknowledgement e-mail confirming the delivery of the product due to exchange at their end on 5.9.2016 (Ann.C-3, C-4 & C-5).  It is stated that on failure of receiving any exchange or refund order, the complainant wrote an e-mail dated 14.9.2016 to the Opposite Party, which was replied by the Opposite Party belatedly on 7.1.2017 whereby they denied having received the delivery of product and denied the entire transaction (Ann.C-6 & C-7).  It is also stated that the Opposite Party has admitted the transaction and also shown that Refund of Rs.2599/- has been processed on 7.9.2016 (Ann.C-1), but later on vide e-mail dated 7.1.2017 (Ann.C-7), it denied the entire transaction stating that no product was delivered to the complainant and therefore no refund can be processed.  Alleging the said act & conduct of the Opposite Party as gross deficiency in service and unfair trade practice, hence this complaint has been filed.

 

2]       The Opposite Party has filed reply stating that ASSPL (Amazon Seller Services Private Limited) neither sells nor offers to sell any product and merely provides an online marketplace where the independent third party sellers can list their product for sale; the sellers themselves are responsible for their respective listings of the products on the website and ASSPL is neither responsible for the product that are listed on the website by various third party sellers.

         It is further submitted that as per the record available with the Opposite Party the product so ordered was never delivered to the complainant.  It is also submitted that the order placed by the complainant was Cash on Delivery order and since no product has been delivered to the complainant, no money has been collected.  It is stated that the Opposite Party informed the complainant vide e-mail dated 7.1.2017 that the product was not delivered and therefore, no refund could be processed. It is also stated that the complainant is not a consumer qua Opposite Party. Pleading no deficiency in service and denying rest of the allegations, the Opposite Party has prayed for dismissal of the complaint.

 

3]       Replication has also been filed by the complainant thereby reiterating the assertions as made in the complaint and controverting that of the reply filed by Opposite Party.

 

4]       Parties led evidence in support of their contentions. 

 

5]       We have heard the ld.Counsel for the parties and have also perused the entire record.

 

6]       The evidence placed on record by the complainant is complete enough to establish that Online Product ordered/booked by the complainant was delivered to her and when it was not found to be of proper size, was returned under the valid receipt to the Opposite Party.  In the receipt Ann.C-2, it is mentioned as under:_

“In case you do not receive your refund/replacement within the above mentioned timeline, please contact us, your Credit/debit card Issuer or your bank for more information.

 

7]       In view of the proven facts, the stand taken by the Opposite Party that they never delivered any product against the alleged booking, is out rightly rejected.  Also the stand of the Opposite Party that there is no privity of contract with the complainant, as ‘they merely provides an online marketplace where the independent third party sellers can list their product for sale; therefore, the sellers themselves are responsible for their respective listing of products on the website and ASSPL is neither responsible for the product that are listed on the website by various third party sellers’, is not sustainable.  The perusal of Ann.C-2 suggests that the OPs are not only providing platform to the intending sellers for booking of the order for goods which are made available on their website, but goods are also delivered and collected back by them in case of return.  The relevant extract is reproduced as under:-

We hereby acknowledge pick up of your Return item via Ref. Tracking # 710280468647.  After your return item is received by Amazon, we initiate the refund/replacement with the below timeline.

 

8]       In our opinion the wrongful denial made by the Opposite Party in the given case, tantamounts to unfair trade practice, apart from rendering deficient services.  Thus, it is the liability of the Opposite Party to make good the loss of the complainant and the Opposite Party would be at liberty to recover the said amount from the seller concerned, if required.  The return made by the complainant of the booked product has duly been acknowledged by the OPs by generating SMS on the number of the complainant which is part of the evidence before us (Ann.C-3). We feel that unfair trade practice adopted by the Opposite Party forced the complainant to indulge into litigation for getting her due back.   

        

9]       From the discussion above, the deficiency in service and unfair trade practice on the part of Opposite Party has been proved. Therefore, the complaint is allowed against Opposite Party with following directions:-

 

1. To refund Rs.2599/-, being the cost of the returned product, to the complainant;

 

2. To pay Rs.10,000/- as compensation for the harassment suffered by the complainant due to deficient services as well as unfair trade practice adopted by the Opposite Party;

 

3. To pay litigation expenses to the tune of Rs.7,000/-.

 

         This order shall be complied with by Opposite Party within a period of 30 days from the date of receipt of copy of this order, failing which it shall also be liable to pay interest @9% per annum on amount of compensation from the date of filing this complaint till realization, apart from complying with direction as at sub-para (a) & (c) above.

        Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

9^th September, 2017                        

                                                                                                Sd/-

                                                                   (RAJAN DEWAN)

PRESIDENT

 

                                                Sd/-

 (PRITI MALHOTRA)

MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER