By Smt. PREETHI SIVARAMAN.C, MEMBER
1.Case of the complainant
On 3/10/2021 complainant had ordered an Amazon basics TV 43 inches for an amount of Rs 24,499/- from Amazon net marketing during the big sale offer of opposite party and complainant had booked the TV by paying the amount in advance. Thereafter complainant had received email messages from opposite party regarding the receival of amount and the despatch of the TV. In the message sent by opposite party, they assured that the TV will reached at complainant’s house on 11/10/2021 and on 12/10/2021 a technician will come and install the TV. Thereafter complainant came to know that on 8/10/2021 opposite party had mistakenly sent the TV to their delivery agent at Calicut. Then complainant continuously contacted to the Amazon customer service, and they assured to complainant that they will send the TV to complainant’s house within 2 or 3 days. But on 14/10/2021, complainant received a message that the amount already paid by complainant was refunded by opposite party into complainant’s account. Complainant again contacted them and informed that he wanted the TV already ordered by him and not the money. But they did not pick the phone. The above act of opposite party was due to the price hike of the TV from Rs. 24,499/- to 27,999/- due to ending of offers. Complainant needed the TV in the offer price. But due to the deficiency of service from the opposite party, complainant had lost his opportunity to buy the TV in offer price. Hence this complaint.
2. Prayer of the complainant is that, he is entitled to get Rs. 50,000/- as compensation for the deficiency in service and the mental agony he had suffered by the act of opposite party and Rs. 10,000/- as cost of proceedings.
3. On admission of the complaint notice was issued to the opposite party and notice served on them and they did not turn up. Hence opposite party was set exparte.
4. In order to substantiate the case of the complainant, he filed an affidavit in
lieu of Chief examination and the documents produced were marked as Ext. A1 to A4. Ext.A1 is the copy of tax invoice dated 03/10/2021, Ext. A2 is the email copy of shipping confirmation regarding the item despatched dated 5/10/2021, Ext. A3 is the email send by opposite party to complainant dated 08/10/2021 regarding the installation of the TV, Ext. A4 is the email regarding the refund confirmation dated 18/10/2021.
5. The allegations against opposite party is proved by the unchallenged evidence of complainant. There is no contra evidence in this matter. Moreover complainant produced four documents which are very supportive to prove his complaint. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite party as alleged in the complaint. Hence we allow this complaint holding that opposite party is deficient in service.
6. We allow this complaint as follows:-
- The opposite party is directed to refund Rs.6207/-(Rupees Six thousand two hundred and seven only) to complainant, the difference between the price of the TV at present and the amount refunded to complainant.
- The opposite party is also directed to pay compensation of Rs.20,000/-(Rupees Twenty thousand only) to the complainant on account of deficiency in service on the part of opposite party and thereby caused mental agony, physical hardships and sufferings to the complainant.
- The opposite party is also directed to pay Rs.4000/-(Rupees Four thousand only) as cost of the proceedings.
If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite party is liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
Dated this 1st day of August , 2022.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant :Nil
Documents marked on the side of the complainant : Ext.A1to A4
Ext.A1 : Copy of tax invoice dated 03/10/2021.
Ext. A2 : Email copy of shipping confirmation regarding the item despatched
dated 5/10/2021.
Ext.A3 : Email send by opposite party to complainant dated 8/10/2021 regarding
the installation of the TV.
Ext.A4 : Email regarding the refund confirmation dated 18/10/2021.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
