Orissa

Cuttak

CC/60/2022

A & S Enterprises - Complainant(s)

Versus

Amit Agarwal,CEO,Amazon - Opp.Party(s)

self

02 Dec 2022

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C.No.60/2022

 

                   A & S Enterprises Mr. Shishir Sahoo,

                   Resident of:03^rd BN NDRF,Mundali,Cuttack,

                    Odisha,754006.                                                          ... Complainant.

 

                                                                Vrs.

                                     CEO Mr. Amit Agarwal,

                                      Amazon India/Amazon Business India,

                                      Having registered office at:Brigade Gateway,08^th Floor,26/1,

                                      Dr. Rajkumar Road,Malleshwaram(West)

                                      Bengaluru,Karnataka,PIN-560055.                        ... Opp. Party.

 

 

Present:               Sri Debasish Nayak,President.

                           Sri SibanandaMohanty,Member.

 

Date of filing:     06.04.2022

Date of Order:    02.12.2022

 

For the complainants:          Self.

For the O.P.   :          None.

 

Sri Debasish Nayak,President.                                   

Case of the complainant as made out from the complaint petition in short is that he had ordered a Canon G-2020 Printer through amazon’s business Website on 26.12.2021 which was delivered to him on 29.12.2021 and he had paid the consideration amount of Rs.12,824/-.  But to his dismay, he found in the printerthe ink bottle and ink head was missing.  On demand for those, the O.P kept ignoring for which the complainant had to send legal notice to them.  Ultimately as no result yielded, the complainant had to file this case and has claimed the cost of the Printer to the tune of Rs.12,824/-alongwith compensation to the tune of Rs.1,00,000/- from the O.P towards his mental agony and harassment and further a cost of Rs.50,000/- towards his litigation expenses.

          The complainant has filed copies of several documents in order to prove his case.

2.       Having not contested this case, the O.P has been set exparte vide order dt.10.6.2022.

   3.         The points for determination in this case are as follows:

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.Ps ?

iii.        Whether the complainant is entitled to the reliefs as claimed?

Issue No.ii.

Out of the three points, point no.ii being the most pertinent issue is taken up first for consideration here in this case.

Admittedly, the complainant had ordered a Canon G-2020 Printer from Amazon’s business Website on 26.12.2021 which was delivered to him on 29.12.2021.  He had paid the consideration amount of Rs.12,824/-  for the said printer but the ink bottle and ink head was missing in the said printer those which were not delivered to him inspite of his repeated demands. By not taking any action on the genuine demand of the complainant, there is deficiency in service on the part of the O.P. 

 Points no.i& iii.

From the discussions as made above, the case of the complainant can said to be maintainable and complainant is thus entitled to the reliefs as claimed by him.  Hence it is so ordered;

                                    ORDER

The case is allowed exparte against the O.P.  The O.P is directed to give the missing articles of the printer i.e. the ink bottle and the ink head to the complainant immediately.  The O.P is also directed to pay the complainant a sum of Rs.20,000/- towards compensation  for his mental agony and harassment alongwith a sum of Rs.30,000/- towards his litigation expenses within a period of 30 days from the date of receipt of this order.

Order pronounced in the open court on the 2^nd day of   December,2022 under the seal and signature of this Commission.   

                                                                                                                          Sri Debasish Nayak

                                                                                                                                    President

                                  

                                                                                                                         Sri Sibananda Mohanty

                                                                                                                                        Member