IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Wednesday the 21st day of March, 2018
Filed on 25/09/2017
Present
1. Smt. Elizabeth George (President)
2. Sri. Antony Xavier (Member)
3. Smt. Jasmine D (Member)
in
CC/No.262/2017
Between
Complainant:- Opposite parties:-
Sri.Augustine Joseph 1. Amazon
Mundantanjily Brigade Gateway, 8th Floor 26/1
Thekeekkara.P.O Dr. Rajikumar Road
Alappuzha Malleshwaram (w)
Bangalore – 560 055
Karnataka State.
2. Cloudtail India Pvt Ltd
No.1/B Indospace Logistics
Park, Puduvayal
Durainallur Village
Ponneri Taluk
Thiruvalluvar
Tamilnadu
O R D E R
SMT. JASMINE D. (MEMBER)
The case of the complaint in short is as follows:-
The complainant had ordered a laptop through the 1st opposite party on 11.8.2017 and paid an amount of Rs. 22,990/-. The product was delivered on 18.08.2017. On the same day when the complainant tried to switch on the laptop the product was not working. The complainant immediately informed the 1st opposite party regarding the defect. There after a technician came and inspected the laptop on 2/9/2017 and informed that the mother board of the said product is defective. The complainant purchased product for his daughter’s educational purpose. Since the product is defective she could not use the same and there by sustained much mental agony and inconvenience Even though the defect was informed to both opposite parties they have not made any earnest effort to redress the grievances of the complainant. Hence filed this complaint.
2. Notice was served to the opposite parties. 1st opposite party appeared before the Forum and filed version. 2nd opposite party did not appear before the Forum hence 2nd opposite party was set exparte.
3. Version of the 1st opposite party is as follows:-
At the very outset, it is submitted that the complaint filed by the complainant is frivolous with capricious allegations and the same is filed with the sole intent to cause harassment and disruption in the genuine and legitimate business activities of the 1st opposite party. The averments and allegation made in the complaint are vague callous and have no substantive ground of law and the complaint fails to disclose a single sustainable cause of action against the 1st opposite party. It is pertinent to mention herein that the 1st opposite party 1/ASSPL neither sells nor offers to sell any products and it is merely an online marketplace where independent third party sellers can list their products for sale by the intended buyers. The sellers themselves (and not ASSPL) are responsible for their respective listing and products on the website. ASSPL is neither responsible for the products that are listed on the website by various third party sellers, not does ASSPL intervene or influence any customers in any manner. ASSPL is not involved in the sale transaction between the customer and seller. The conditions relating to the customer’s use of the website (as expressly available on the website) and specifically agreed by the customers have stated therein that ASSPL is only a facilitator and cannot be a party to any sale transaction on the website or control in any manner any sale transaction on the website. The contract of sale of products on the website is strictly a bipartite contract between the customer and the seller.
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You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provides on or through the website; that , as at the date that the content or material is submitted to Amazon .in. (1) the content and material is accurate(ii) use of the content and material you supply does not breach any applicable Amazon in policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory) (iii) the content is lawful. You agree to indemnify Amazon Seller Services Private Limited and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties. It is submitted that no cause of action has arisen against 1st opposite party and hence the complaint may be dismissed.
3. Complainant filed proof affidavit and documents Ext.A1 to A4 were marked.
Considering the allegations of the parties, this Forum has raised the following issues:-
1) Whether there is any deficiency in service on the part of the opposite parties?
2) Whether the complainant is entitled to get the relief sought for?
4. Issues 1 and 2
The case of the complainant is that the complainant purchased a HP laptop on 18/8/2017 through the 1st opposite party and paid an amount of Rs. 22,990/-. But the supplied laptop is not at all functioning. The complainant could not use it even for a single day. The complainant sustained much mental agony and inconvenience and hence filed this complaint.
Complainant filed proof affidavit and produced 4 documents which were marked as Ext.A1 to A4. Ext.A1 is the invoice showing an amount of 22,990/- has paid to the 1st opposite party. Ext.A2 is the service report dtd. 2/9/17. It is clearly shows that the product is defective. Ext.A3 is the service report dtd. 9/9/2017. Ext.A4 is a letter issued by the HP to the complainant. On scanning the entire evidence it is crystal clear that the lap top issued to the complainant is defective. According to the complainant he purchased the product through the 1st opposite party on believing 1st opposite party but the product issued by them are not at all working. According to the complainant the product became defective on the date of the delivery itself. The complainant could not switch on the product and the defect was intimated to the 1st opposite party. Even though a technician of the HP inspected the machine he could not rectify the defect. Since the opposite parties failed to rectify the defect or to replace the product they have committed deficiency in service. The complainant is entitled to get the relief and the opposite parties are jointly and severally liable for the same. So the complaint is to be allowed.
In the result the complaint is to be allowed The opposite parties are directed to refund the price of the laptop Rs.22,990/-(Rupees Twenty two thousand nine hundred and ninety only). The 1st opposite party is further directed to pay an amount of Rs.l000/-(Rupees Thousand only) towards compensation and Rs. 1000/-(Rupees Thousand only) towards cost. The order shall be complied within one month from the date of the receipt of this order, failing which the amount Rs. 22,990/- shall carry interest @ 9% per annum from the date of order till realization. On compliance of the order the complainant is directed to return the defective laptop to the opposite parties.
Pronounced in open Forum on this the 21st day of March, 2018.
Sd/-Smt. Jasmine.D. (Member) : .
Sd/-Smt. Elizabeth George (President):
Sd/-Sri. Antony Xavier (Member) :
Appendix:-
Evidence of the complainant:-
Ext.A1 - Invoice
Ext.A2 - Service Report
Ext.A3 - Service report
Ext.A4 - Letter issued by HP
Evidence of the opposite parties:-Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite party/S.F.
Typed by:- br/-
Compared by:-
