DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PATIALA.
Consumer Complaint No. 326 of 28/08/2017
Decided on: 18/10/2018
Sukhwinder Singh aged about 25 years son of Raghbir Singh, resident of Village Kalwanoo, Tehsil Patran, District. Patiala.
.…...Complainant
Versus
1. Amazon.in through its Manager, Head office at Brigade Gateway, 8th Floor, 21/1, Dr. Raj Kumar Road, Malleshwaram (W) Bangalore-560055 Karnataka, India.
2. Punjab & Sind Bank, Branch Kalwanoo, Tehsil Patran District Patiala through its Branch Manager Kalwanoo branch, Tehsil Patran, District Patiala.
……Opposite Parties
Complaint under Section 12 of the
Consumer Protection Act, 1986.
QUORUM
Smt. Neelam Gupta, Member
Sh. Kanwaljeet Singh, Member
ARGUED BY:
Sh. A. S. Nirman Adv. counsel for the complainant.
Sh. Jaspreet Singh Adv. Counsel for OP No.1.
Sh. C. S. Kwatra Adv. Counsel for OP No.2.
ORDER
SH. KANWALJEET SINGH, MEMBER
1. Brief facts of the complaint are that complainant has placed an order with OP for the purchase of Neopack HDD Hard case/ cover/ pouch with Shockproof Lining for 2.5 Inch Hard Drive Black and another item was Seagate Back up Plus Ultra Slim 1 TB Portable Drive (Gold) with free Seagate Rescue -2 year Date recovery plan. Complainant placed the orders vide ID Nos.408-0692290-8621968 & 408-9938674-9605923 with OPs and the complainant made online payment of Rs.5248/- as per price list displayed on website of OP through its Bank account No.11321000000277 with Punjab & Sind Bank Kalwanoo Branch Patiala. On 12/07/2017 amount of Rs.5248/- has been deducted from the account of the complainant but till date neither online delivery of the above said purchased items have been made nor any amount has been refunded in the account of the complainant. The complainant has lodged a complaint with Ops for non delivery of goods. But the OP made a false excuse in reply but they had not received the payment. After that complainant approached to OP No.2 for issuance of account statement of his account for the period for 01/6/2017 to 9/8/2017 which shows that amount of Rs.5248/- has been debited on 12/7/2017 and no refund has been credited up to 09/08/2017. OPs are liable for negligence and deficiency in service. Complainant prayed that complainant's account be settled and OP be directed to refund the amount of Rs.5248/- with interest @ 24 % from the date of deposit till its realisation. Any other relief which this Forum may deem fit may please be granted in favour of the complainant.
2. Upon notice Ops appeared and filed their respective replied separately. In preliminary objections of OP No.1 it is stated that present complaint has been wrongly filed by the complainant. There is no such entity concerned with the website www.Amazon.in. In fact M/s Amazon Seller Services Private Limited is the owner of the said website. Present complaint is not maintainable against OP No.1. has informed the complainant that since his payment transaction was not successful and could not be completed and still if the said amount has been deducted from his bank account, the same has to be resolved by his bank i.e. OP No.2 not by OP No.1. Allegations of the complainant are baseless as no unfair trade practice or deficiency of service has been committed by OP No.1. As the complainant’s grievances were duly resolved by OP No.1. The complainant was informed on 20/7/2017 that the orders were cancelled due to non payment and was further informed that after the online placement of the order for payment conformation purpose. The system of OP No.1 waits for 15 minutes for the customers bank to provide payment conformation after the payment is made by the customer and after 15 minutes the window automatically gets closed and the payment would be declined and the customer will be asked to revised the payment, the same might have happened in the complainant case. Complainant prayed that dismiss the complaint qua OP No.1 and passing such other order as this Forum may deem fit.
3. Reply of OP No.2 that complaint is not maintainable and it does not fall within the purview of the consumer as defined under the Consumer Protection Act. No cause of action or locus standi to file the complaint qua OP No.2.
4. An amount of Rs.5248/- was online debited to the account of the complainant and credit to the account of OP No.1 by the complainant himself through debit card on 12/7/2017. No amount of Rs.5248/- has been credited to the account of the complainant upon its receipt from the recipient from the respondent on the same due to technical mistake and the said mistake can not be attributed to OP No.2 as the complainant had himself transferred the amount. Complainant asked for the statement of account and the same was supplied to the complainant by OP No.2. The statement also shows the entry regarding debit and credit of the entry and prayed the complaint of the complainant qua OP No.2 may be dismissed with special costs.
5. Complainant tendered in evidence Ex.CA his sworn affidavit along with documents Ex.C-1 to Ex.C-6 and closed his evidence.
6. Ld. Counsel for OP No.1 has tendered in evidence Ex.OPA affidavit of Sh. Rahul Sundram, Sr. Corporate counsel (Litigation) along with documents Ex.OP-1 authority letter, Ex.Op-2 resolution, Ex.Op-3 conditions of Amazon.in and closed the evidence. Ld. Counsel for OP No.2 has tendered Ex.OPB affidavit of Ms. Parul Branch Incharge, Pb. & Sind Bank along with documents Ex.OP-4 Customer Account ledger report, Ex.OP-5 copy of ATM card terms and conditions, Ex.OP-6 application form for the debit card of the complainant along with its performa and closed the evidence of OP No.2.
7. During arguments the contentions of the parties are similar to their respective pleadings so no need to reiterate the same. Further it is admitted by the parties that on 12/7/2017 amount of Rs.5248/- was debited and credited to the account of OP No.1 by the complainant himself through his debit card. It revealed from the pleadings of OP No.2 reply on merit in Para No.3 that amount of Rs.5248/- has been credited to the account of the complainant on 28/11/2017. It seems to be that the amount of Rs.5248/- was credited after a gap of 4 and half month in the account of the complainant by OP No.2. OP No.2 is considered to be the care taker being a Manager of the complainant/ Consumer’s account. However, it is the duty of OP No.2 to protect the rights/ interests of his consumers. From this angle OP No.2 fails to provide the proper services being an ordinary prudent man. It is the fundamental duty of the OP No.2 to use the corrective measure to protect the interest of his consumers.
8. Resultantly, we partly allow the complaint and direct OP No.2 to pay a sum of Rs.3000/- as compensation on account of harassment to the complainant. The entire compliance shall be made within 30 days from the date of receipt of this order. The certified copies of this order be sent to the parties free of cost under the rules. Thereafter, file be indexed and consigned to the record room.
Announced
Dated: 18/10/2018
Kanwaljeet Singh Neelam Gupta
Member Member
