Orissa

Cuttak

CC/222/2022

Kaushik Garabandhu - Complainant(s)

Versus

Chief Executive Officer,Amazon India/Amazon Business India - Opp.Party(s)

B K Sinha & associates

22 Jun 2023

ORDER

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

                                                                C.C. No.222/2022

        Kaushik Garabandhu,

        C/O:DebabrataGarabadu,

        At:RadharamanPustakalaya,

        Nimchouri,Cuttack-2,Odisha,

        Pin-753002.                                                                  ... Complainant.

 

          Vrs.                        

 

1. Chief Executive Officer/CEO,

Amazon India/Amazon Business India,

Red. Office:Brigade Gateway,08^th Floor,

26/1,Dr. Rajkumar Road,Malleshwaran(SEST),

                     Bengaluru,Karnataka,PIN-560055

 

2. Branch Head,

DAWNTECH ELECTRONICS PVT. LTD.,

Amta Industrial Park,AmtaMouza,Majukhetram

Bearing Survey No.301,Kolkata-711401,West Bengal.

 

3. CEO/Managing Director,

DAWNTECH ELECTRONICS PVT. LTD.,

No.3, 4^thFloor,Salarpuria,Windsor,

Ulsoor Road,Bengaluru-560042,

Karnataka.                                                             ...Opp. Parties.

 

Present:            Sri Debasish Nayak,President.

                             Sri SibanandaMohanty,Member.

 

Date of filing:    31.10.2022

Date of Order:  22.06.2023

 

For the complainant:         Mr. B.K.Sinha,Adv. & Associates.

For the O.Ps               :               None.

 

Sri Debasish Nayak,President.

Case of the complainant in short is that he had purchased one Android LED T.V through the O.Ps by paying the consideration amount of Rs.43,999/- on 2.11.2021.  On 26.6.22, the display of the said T.V was cut-off though there was warranty for a period of one year and the complainant had contacted the service persons by lodging complaint but there was no remedy for which the complainant has come up with this case demanding from the O.Ps, the cost of the T.V to the tune of Rs.43,999/- alongwith compensation for a sum of Rs.2,90,000/- towards his mental agony and harassment and also a sum of Rs.50,000/- towards his litigation expenses.

          Alongwith his complaint petition, the complainant has filed copies of several documents in order to prove his case.

2.       Having not preferred to contest this case, the O.Ps were set exparte vide order dt.3.2.2023.

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 by him?

Point no.ii.

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

            On perusal of the averments as made in the complaint petition and after perusing the copies of several documents as annexed therein by the complainant, it is noticed that infact he had purchased one Android LED T.V one plus through the O.Ps by paying Rs.43,999/-  on 2.11.2021.  On 26.6.22, the display of the said T.V was cut-off though there was warranty for a period of one year for which the complainant had contacted the service persons of O.Ps by lodging complaints through Mail on 29.7.2022,15.8.2022,17.8.2022,4.9.2022,5.9.2022,15.9.2022,30.9.2022 and 26.9.2022 but the O.Ps have  not turned up inspite of getting those mails for which the complainant has suffered from severe mental tension.  The O.Ps have thus committed deficiency in their service by not responding to the repeated complaints of the complainant and by not repairing or replacing the defective T.V of the complainant.   This point thus goes in favour of the complainant.

Points no.i& iii.

From the discussions as made above, the case of the complainant is 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.Ps.  The O.Ps are directed repair the defective Android LED T.V. of  the complainant immediately or in the alternative to replace the same by a new one of the same model and of the equal price.  The O.Ps are also directed to pay the complainant a sum of Rs.30,000/- towards compensation for his mental agony and harassment alongwith another  sum of Rs.20,000/- towards his litigation expenses.  This order is to be carried out within a period of 30 days from the date of receipt of this order.

Order pronounced in the open court on the 22^nd day of   June,2023 under the seal and signature of this Commission.          

                                                                                                                       Sri Debasish Nayak

                                                                                                                                 President

                     

 

                                                                                                          Sri Sibananda Mohanty

                                                                                                                      Member