BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MYSORE-570023

CONSUMER COMPLAINT NO.479/2019

DATED ON THIS THE 1^st March 2023

Present:      1) Smt.A.K.Naveen Kumari

B.Sc., LL.M., - PRESIDENT  

                     2) Smt.Lalitha.M.K.,

M.A., B.A.L., LL.B., - MEMBER  

                        3) Sri Maruthi Vaddar,

                                                B.A., LLB (Special)  - MEMBER

Sri MARUTHI VADDAR,

MEMBER

1.         This complaint has been brought under Section 12 of the erstwhile C.P.Act, 2019 by the complainant Mr.Akash Dubey, resident of Mysuru against the opposite party Amazon.In Bangalore directing the opposite party to refund the said amount of Rs.71,915/- and Rs.9,399/- total Rs.81,314/- and court expenses of Rs.15,000/- total Rs.96,314/- and also direct to pay a sum of Rs.25,000/- for mental agony and damages in the interest of justice and equity.               
2. The brief facts of the complaint in abbreviation are as hereunder:-

It is alleged in the complaint that, the complainant ordered two products i.e. APPLE IPAD PRO II INCH 64 GB SPACE GREAY and APPLE PENCIL 2^nd Generation Worth Rs.71,915/- and Rs.9,399/- respectively from Amazon.In.Both the orders that the complainant received on 21.08.2019 which were in defective condition.After knowing that the products were defective one, immediately the complainant returned the same to the opposite party for replacement on 24.08.2019 and on the same day, opposite party sent another products through courier which were also in defective condition.Thereafter the complainant informing the customer care about the problem and inturn opposite party assured to send a technician and after that the return process will be started.

It is further alleged that on 26.08.2019 the technician of the opposite party came to the residence of the complainant and confirmed that the products were damaged at the time of delivery and hence the complainant called Customer Care to refund of the cost of the product. But, the complainant return pickup was cancelled without even contacting and the account of the complainant has been kept on hold by saying that the complainant violated the policy and they are not creating return pickup for the damaged product.From 26.08.2019 the complainant contacting the opposite party continuously over phone but they are always telling that “I will get back to you” but unfortunately till now they have not contacted the complainant and not responded to the E-mail calls also.Hence, this complaint.

3. After registration of this complaint, notice was ordered to be issued to the opposite party, in response to the notice, opposite party did not appeared within time and hence he placed exparte.  Thereafter, opposite party appeared through its counsel and has filed vakalath and necessary application under Order 9 Rule 7 R/w Section 151 of C.P.C praying to set aside the exparte order and the same was set aside but opposite party failed to file written version and posted this matter for complainant’s evidence.   
4. The complainant has not filed his affidavit evidence in spite of giving sufficient opportunity and hence, the case posted for judgement.
5. Now the points that arise for our consideration are as here under:-  

1. Whether the complainant proves the alleged deficiency of service and unfair trade practice on the part of opposite party and thereby he is entitled for the relief sought?
2.  What order?

6.       Our findings on the aforesaid points are as follows:

      Point No.1 :- Partly in the affirmative.

      Point No.2 :- As per the final order for the following

:: R E A S O N S ::

7.       Point No.1:- It is the case of the complainant that he ordered two products i.e., APPLE IPAD PRO 11 INCH 64GB SPACE GREY and APPLE PENCIL 2^nd Generation worth Rs.71,915/- and Rs.9,399/- respectively from opposite party.  Both received by the complainant were defective in condition and after knowing that both products were defective and returned the same to opposite party for replacement on 24.08.2019 and on the same day opposite party sent another products which were also in defective.  The complainant contacted the opposite party customer care informing about the problem, inturn opposite party assured to send technician and after that the return process will be started.
8. As per the assurance of opposite party a technician came and confirmed that the products were damaged at the time of delivery and hence the complainant insists for refund of costs of those products.  But, the complainant return pickup was cancelled without even contacting and the account of the complainant has been kept on hold by saying that he has violated the policy conditions and further said that they are not creating return pickup for the damaged product.  Since from 26.08.2019 the complainant tried to contact the opposite party continuously over phone but they are always telling that “I will get back to you” till now they are not contacted the complainant and not responded to the E-mail calls also.  Hence, the complainant has filed the present complaint.
9. After the appearance from opposite party, opposite party has not filed its version and not adduced any evidence in support of its defence in spite of giving sufficient opportunity. Hence, the allegation of the complainant remains unchallenged.  Moreover from the complaint averments, it is crystal clear that the opposite party has sent the damaged products to the complainant though the complainant has paid the money and when the complainant insisted for replacement, opposite party replaced the products as per the tax invoices dated 22.08.2019 and 23.08.2019.  From the perusal of these tax invoice, it is manifest that opposite party has sent the damaged products to the complainant.  But, it is further case of the complainant that opposite party sent another products which were also damaged and hence, he insisted for refund of the costs of the product.  But, without refunding the costs of the product, opposite party has with hold the account of the complainant saying that the complainant has violated the conditions of the policy.  The allegations mentioned in the complaint will corroborate with the documents produced in the complaint.  Hence, it is a clear case of deficiency of service on the part of opposite party and hence, he is entitled for the reliefs.  Hence, we answer this point in partly affirmative.
10. Point No.2:- In view of answering point No.1 as above, we proceed to pass the following

:: ORDER ::

The complaint of the complainant is allowed in part.

The opposite party is hereby directed to refund the costs of the damaged products valuing of Rs.71,915/- + 9,399/- = 81,314/- within one month from the date of this order.

The opposite party is also liable to pay Rs.10,000/- towards deficiency in service and Rs.3,000/- towards the cost of this proceedings to the complainant within one month from the date of this order. Failing which the costs of damaged products valuing of Rs.81,314/- + Rs.10,000/- + Rs.3,000/- = Rs.94,314/- shall carry 10% interest p.a. till its payment.

The complainant is at liberty to take necessary action, under Section 72 of C.P.Act for non-compliance the order by opposite party.

Furnish the copy of order to both parties at free of cost.

(Dictated to the Stenographer transcribed, typed by her, corrected by us and then pronounced in open Commission on this the 1^st March 2023)