Haryana

Bhiwani

CC/32/2019

Sangram - Complainant(s)

Versus

Amazon - Opp.Party(s)

Hanwant Singh

04 Jan 2024

ORDER

 BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

Consumer Complaint No. :    32 of 2019

                                        Date of Institution            :    08.02.2019

                                                  Date of decision                :            04.01.2024            

 

Sangram Singh son of Sh. Raj Kumar R/o Manana Pana, Ward No.16, Bhiwani Tehsil and District Bhiwani.

 

……Complainant.

 

Versus

 

1. Manager, Amazon Transportation Company Office, Near Jogiwala Mandir, Devsar Chungi, Loharu Road, Bhiwani.

 

2. General Manager, Amazon Head Office, Brigade Gateway, 8^th Floor, Dr. Raj Kumar Mor, Malleshwaram (West), Bengaluru-560055.

 

….. Opposite Parties.

 

COMPLAINT U/S 12 OF CONSUMER PROECTION ACT, 1986.

 

 

BEFORE:     Mrs. Saroj Bala Bohra, Presiding Member

Ms. Shashi Kiran Panwar, Member

 

Present:-        Anirudh, Advocate for complainant.

                    OPs exparte.

ORDER:

 

Ms. Shashi Kiran Panwar, Member.

 

1.                 Brief facts of this case are that on 25.01.2019, complainant order for purchase of two pair shoes (sandal)   of Clark Company from OPs.  Cost thereof was Rs.7398/- to be paid on received of the product.  Delivery of the product came on 27.01.2019 but the packet was in torn condition and complainant objected for the same. Upon this, the delivery person suggested to contact with OPs. However complainant received the product but was surprised to see that there was product of another company ‘Spark’. So, complainant informed to Ops in this regard, OPs assured that amount will be refunded to your bank account and suggested for fetching bank details, which was uploaded. But nothing was done till 04.02.2019. Hence, the present complaint has been preferred by complainant seeking directions to OPs to refund the purchase cost of the product or to get replaced the same. Further to pay Rs.30,000/- towards harassment as well as litigation expenses.

2.                 OPs did not bother to appear despite issuance of notices to them, as such, OPs No.1 & 2  were proceeded against as exparte vide order dated 14.03.2019. However, later on they filed application for setting aside exparte proceedings which was dismissed vide order dated 15.06.2023.

3.                 Complainant side in its evidence produced document Ex.C-1 and closed the evidence.

5.                 We have heard learned counsel for the complainant and perused the record.

6.                 During the course of arguments, learned counsel has made a statement that the purchase amount of the product(s) has already been paid by the OPs, after about four months of filing of this complaint. Statement of counsel for complainant recorded to this effect. Learned counsel for complainant has argued that complainant has harassed a lot by the act & conduct of OPs, firstly they sent a wrong product to the complainant and then not paid the purchase amount of product for about 4 months for which complainant has to make strenuous efforts. 

7.                 Keeping in view of the statement and going through the entire record on file, we are of the view that the OPs were negligent, deficient in providing proper services to the complainant as well as has adopted unfair trade practice which dragged the complainant into this unwarranted litigation. So, complainant must have suffered monetary loss as well as mental and physical harassment. Accordingly, the complaint is partly allowed and OPs, jointly and severally, are directed to pay Rs.2500/- (Rs.Two thousand five hundred) to the complainant as compensation for harassment. Further to pay Rs.2500/- (Rs.Two thousand five hundred) on account of litigation expenses. The aforementioned directions will be complied within a period of 40 days from the date of passing this order. Failing which, the awarded amount shall be recoverable with simple interest @ 9% per annum for the period of default.

                    If this order is not complied with, then the complainant shall be entitled to the execution petition under section 71 of Consumer Protection Act, 2019 and in that eventuality, the opposite party may also be liable for prosecution under Section 72 of the said Act which envisages punishment of imprisonment, which may extend to three years or fine upto rupees one lac or with both.  Certified copies of the order be sent to parties concerned, free of costs, as per rules. File be consigned to the record room, after due compliance.  

 

Announced in open Court.

Dated:04.01.2024.

                              (Shashi Kiran Panwar)              (Saroj Bala Bohra)       

                                                   Member                 Presiding Member

District Consumer

Disputes Redressal

         Commission,Bhiwani.