DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,
PATIALA
Consumer Complaint No.370 Dt.25/09/2018 Decided on: 11/09/2020
Dr. Anshul Johar son of Sh. Ishwar Dass Johar, Resident of H. No.112-A, Sewak Colony, Patiala. (Adhaar No.639299259964).
…...Complainant
Versus
- B.P.L. Consumer Electronics, BPL Limited, Dynamic House. No.64, Church Street, Bangalore-560001.
- Cloudtail India Private Limited, C/o Kuehne Nagel Private Limited, Warehouse No.2B, M/s Indospace FWS Industrial Parks Private Limited, Pataudi-Kulana Road, Jhajjar, Haryana,124108.
- Amazon India, 26/1, Brigade Gateway Doctor Raj Kumar Road, Maleshwaram West Bengluru Karnataka.
….Opposite Parties
Complaint under Section 11 to 14 of the Consumer Protection Act, 1986.
QUORUM
Sh. Jasjit Singh Bhinder, President Sh. Vinod Kumar Gulati, Member
ARGUED BY:
Sh. Harjesh Kumar Adv. counsel for complainant. OPs No.1& 2 ex-parte.
Sh. Jaspreet Singh Adv. counsel for OP No.2.
ORDER
JASJIT SINGH BHINDER, PRESIDENT
1. Dr. Anshul Johar complainant has filed this complaint under Section 11 to 14 of the Consumer Protection Act, (hereinafter referred to as the Act) against the Opposite Parties namely B.P.L. Consumer Electronics and Ors.(hereinafter referred to as the OPs).
2. Brief facts of the case is that on 29/12/2017 complainant purchased one B.P.L. refrigerator having model BPL 564L Frost Free side by side door Refrigerator (BRS-564-H Silver) Sr No.BO747XDSQT on w.w.w.Amazon.in vide order ID 403-4107891-7233142 dt.29/12/2017 which was purchased through Cloudtail India Private Limited which is partner of Amazon India’s Seller for a price of Rs.48,990/-. The refrigerator has a warranty of one year as whole and five years warranty on its compressor. It is alleged that after few months of its delivery it started malfunctioning and a lot of water drops started getting collected on the ceiling and on the undersurface of the glass shelves of the refrigerator. On 20/06/2018 complainant made a complaint against the malfunctioning of the refrigerator to the BPL Customer Care and registered the complaint which went unattended. Complainant called the customer care of BPL Company 6-7 times and giving reminders and also talked to the Executives of the BPL but every time they demanded some more time to attend to the complaint. OPs assured the complainant of a visit by some Engineer but no one appeared to rectify the problem. On 2/7/2018 a technician visited the house of the complainant and he examined the refrigerator. He acknowledged the malfunctioning of the refrigerator. Complainant sent email to BPL on 5/7/2018 to remind of his complaint and on 7/7/2018 called the customer care of BPL and then talked with customer care executive of the BPL but to no effect. One Email was received from Care @bpl.in mentioning there in that there was no manufacturing defect in the product and the condensation was normal. Complainant also wrote a complaint to Amazon India about the defect in the product who also assured the complainant that this problem will be rectified soon but nothing has yet been done on their part.
With this background of facts, the complainant has filed the present complaint with the prayer to refund the amount of the complainant spent in purchase of the Refrigerator along with interest and Rs.4,00,000/- as compensation for the wrongful, illegal and undue harassment given to the complainant with cost.
3. Upon notice, none has appeared on behalf of OPs No.1 & 2 despite service through registered post, thus OPs No.1 & 2 were proceeded against ex-parte. OP No.3 appeared through counsel and filed written version. OP No.3 has taken preliminary objections that OP does not sell or offers to sell any product and neither does Op advertise or endorse any product or service on its website or anywhere else and it merely provides an online market place where independent third party sellers list their products for sale. Therefore, sellers themselves are responsible for their respective listing and products on the website. Answering OP is not involved in the sale transaction between the customer and seller. Present complaint is filed without any cause of action. On merits OP No.2 has denied all the averments as alleged in the complainant. It is stated that seller in the present case is an independent third party seller which sells different products on the website. Complainant has not brought any goods from OP No.3 and that OP No.3 acted as an intermediary only. It is further alleged that warranty is given solely by manufacturer only and further OP No.3 has no role in it. After denying all other allegations made in the complaint, prayer has been made to dismiss the complaint qua OP No.3.
4. In support of the complaint, Ld. counsel for the complainant tendered in evidence Ex.CA affidavit of the complainant along with documents Ex.C-1 copy of tax invoice, Ex.C-2 copy of product detail containing warranty, Ex.C-3 copy of Email dt.30/06/2018, Ex.C-4 copy of Email dt.05/07/2018, E x.C-5 copy of Email dt.09/07/2018, Ex.C-6 copy of Email dt.08/07/2018, Ex.C-7 to Ex.C-12 copies of photographs of refrigerator forming water droplets, Ex.C-13 copy of Email dt.13/08/2018, Ex.C-14 copy of Email dt.08/07/2018 from Amazon India and closed the evidence.
5. Ld. Counsel for OP No.3 has also tendered Ex.OPA affidavit of Rahul Sundaram, Sr. Corporate counsel (Litigation) along with documents Ex.OP-1 copy of authority letter, Ex.OP-2 copy of Board resolution, Ex. OP-3 copy of conditions of use, Ex.OP-4 copy of FDI policy and closed the evidence of OP No.3.
6. We have heard the ld. Counsel for the complainant and Ld. Counsel for OP No.3 and have also gone through the record of the case, carefully.
7. Ld. Counsel for the complainant has argued that complainant has purchased BPL refrigerator in question from OP No.2 through Amazon for a sum of Rs.48,990/-. Ld. Counsel has further argued that refrigerator was having the warranty for one year as per Ex.C-2. Ld. Counsel argued that after 3-4 months the said refrigerator started malfunctioning and a lot of water drops started getting collected on the ceiling and on the undersurface of the glass shelves of the refrigerator. On 20/06/2018 complainant complained about the mal functioning of the product on BPL Customer Care. Despite sending various Emails refrigerator was not replaced. So the same be allowed.
8. On the other hand OP No.1 & 2 were proceeded against ex-parte. Ld. Counsel for OP No.3 had argued that the refrigerator in question was purchased from OP No.2. It is the responsibility of OP No.2 to change or replace the refrigerator as the amount lies with OPs No.1 & 2. Amazon has no concern so complaint against OP No.l3 be dismissed.
9. Anshul Johar tendered his affidavit Ex.CA and deposed as per the complaint and tendered documents on the file. Ex.C-1 is the receipt of Amazon in which it is clearly mentioned that Refrigerator has been sold by Cloudtail India Pvt. Ltd. Which is OP No.2 for a sum of Rs.48,990/- so it is clear that Refrigerator was sold by OP No.2. As per Ex.C-2 there was a warranty for one year of the Refrigerator. Ex.C-3 is the email by the complainant to the BPL complaining repairing the Refrigerator in question. There are various Emails sent by the complainant to the OP regarding mal functioning of the Refrigerator in question. Ex.C-14 is the letter written by OP NO.3 to the complainant in which it is mentioned that they are working on the concern with the brand and are awaiting a response from them. OP No.3 has proved the resolution Ex.OP-2, the condition of use is Ex.OP-3, guidelines of FDI on E-commerce is Ex.OP-4.
10. So by going through the entire documents of by the parties placed on the file, it is clear that BPL Refrigerator was purchased vide receipt Ex.C-1, It was sold by OP No.2 for a sum of Rs.48,990/-. From the Emails on the file, it is clear that the Refrigerator was within the warranty period. Refrigerator started giving trouble and neither it was exchanged nor it was repaired. Amazon is mere a intermediate and OP No.2 is not the manufacturer and he has only sold the product of OP No.1 through OP No.3. So Amazon is not liable to pay anything. The Refrigerator is not in working condition as such complaint is allowed and OP No.2 by whom this Refrigerator was sold is directed to refund the amount of Rs.48,990/- along with interest @ 6% p.a. from the date of the purchase i.e. 29/12/2017 till realization. It is for OP No.2 to obtain the said amount from OP No.1 to be refunded to the complainant. OP No.2 is also directed to pay Rs.10,000/- as costs of the complaint to the complainant. Complainant is directed to return the refrigerator in question to OP No.2. Compliance of the order be made by the OP within a period of 45 days from the date of receipt of the certified copy of this order.
ANNOUNCED*
Dated: 11/09/2020
Vinod Kumar Gulati Jasjit Singh Bhinder Member President
