JUDGMENT

Shri A.K.Patra,President:

1. This complaint is filed by the complainant named above alleging deficiency in service & Unfair Trade Practice on the part of the op for non delivery of goods/product purchased online .
2. The complainant seeks for an order directing the OP to return the cost of the sold good /product i.e. Rs 59,990/- received from Pritam Joshi ,the brother of the complainant , along with Rs . 5,000/- only towards the penalty ,interest from 28.02.2021 and further prayed for an award of compensation of Rs. 1,00,000/- for mental agony & physical pain along with  litigation cost of Rs.50,000/- in the best interest of justice & equity.
3. Heard .Perused the material on record. We have our thoughtful consideration to the respective contents of the parties.
4. The factual matrix leading to the case of the complainant is that ,on 28.02.2021 the OP (AMAZON)  offer Nikon (Digital Camara) D 5600 with AF-P 18-55 mm along with AF-P 70-300 mm VR Kits with bag and 16 GB Memory card for an amount of Rs.59,990/- only. Said offer made by the OP  on its online site is accepted by the complainant and placed order accordingly for the afore said product  vide order No. 4608489-7330702 on dt. 28.02.2021 ,expected date of the delivery of said purchased product to the complainant in his resident was within 3^rd March to 6^th March 2021 as reported   by the OP .It is further contended that, transaction amount of Rs .59,990/- for the said product was paid by his brother Pritam Joshi through his  credit card maintained at HDFC Bank but said product was not yet delivered for which the complainant track his order from the online site of the OP but many information are deleted by the OP intentionally from its online site relating to the said  transaction and no result was found . It is further alleged that ,till filling of this complainant ,he had not received the said purchased product for which the complainant got exploited unscrupulously and further alleged that, the OP committed unfair trade practice & deficient in providing service caused financial loss and mental agony to the complainant need to be adequately compensated by the OP[.

5. Being notice the O.P party appeared and filed their written version stating that complainant has impleaded“ChiefManager, Amazon India ‘as Op in the instant complainant whereas, the entity operating & managing the e-commerce marketplace URL : www.anazon .in is Amazon Seller Service Private Limited (ASSPL).Accordingly it was ordered to amend the cause title of the complainant and the OP is read as Amazon Seller Service Private Limited (ASSPL). Accordingly it was ordered to read as such.

6. The OP resisted the content of complaint . It is submitted that the main roll of ASSPL/OP is to make the e-commerce marketplace user-friendly ,to provide necessary tools to the sellers the list essential details of the products, to the buyers for searching and browsing through the said products. It ,being an intermediaries ,merely providing an e-commerce marketplace ,acts as facillator for the transaction of sale that takes place between the independent third party sellers and end-buyers .All payments are made directly by such buyer to the independent third –party sellers .There is no pivity of contract between the complainant and the answering OP .Rather, the seller is a necessary party who is not made a party in this complaint as such complain is not maintainable for non-joinder of necessary party .

7. The OP, in their written version, has admitted the facts of purchasing of the alleged product for consideration price of Rs. 59,990/- placing order in its e-commerce platform, from seller i.e. Jenny having its place of business that:- Chhapra,Seoni,MadhyaPradesh -480661,against the invoice dt. 28.02.2021 indicating its PAN- as AJAPS5297A where GST Registration Number of the seller is shown as 23AJAPS5297A1ZD .The sell price was solely paid to the independent third party seller and the answering op is no way concern with this complaint .

9. Heard. Perused athe material available on record. We have our thoughtful consideration on the submission of both the parties.

10. It is admitted fact that the complainant has placed an order for the alleged product vide invoice dt.28.2.2021 in the e-commerce platform of the Ops and price for the product i.e. 59,990/- is successfully paid to the seller . Dispute is there on the delivery of the purchased product only. “”No prove of delivery “ (PoD) is placed on the record through the OP claimed that:- “on the basis of complaint received from the complainant the OP inquiredinto the issue and escalated the issue to the concerned team and it was found that the product was delivered to the complainant in an intact condition and therefore the complainant is not entitle for a refund under the A to Z guaranty”. On the other hand the complainant has filed his evidence on affidavit contains of which are corroborated to the averments of the complaint petition. It is specifically stated on affidavit that, the complainant placed an order to purchase digital camera to the Amazon India through online/ internet process from Bhawanipatna. The offer price of Rs.59,990/- was deducted from the credit account of his brother Pritam Joshi maintained at HDFC Bank and expected date of delivery of the purchased product at his residential address was 6.3.2021 but till today neither the product was delivered nor the sale price is returned back and on being tracked ofhis orderfrom the online site of Amazon India it is found thatmany information are deleted by the Amazon India from its online site in support of the transaction as such no reason found for which the OP be held guilty on account of adopting unfair trade practice and unscrupulously exploited the complainant are remain unchallenged/un-rebutted.Complainant proved his case on affidavit.

12. There is no dispute that, the O.P is providing ofe-commerce platform and introduced many sellers to the complainant knowingly enough the nature and credibility of the sellers . The O.P is a repute company providing e-commerce platform and we are unable to belief that the complainant could not have placed reliance only on the O.P before placement of his order . As such for any omission & commission of the sellers there through the e-commerce platform causing injury to the complainant, the O.P is personally and severally liable to compensate the complainant. There is no necessity to add Third party Seller i.e. Jenny,At:Chhapra,Seoni,mMadhya Pradesh -480661 in this case. However, the O.P is at liberty to reimburse the awarded amountform the concern Third party Seller on its own cost.

13. The O.P is an electronics service provider comes under the definition of sec 2( 17) of C.P Act 2019 and indulged in misleading advertisement in relation to the product falsely offered the price of the product at Rs.59,990/- in its e-commerce platform only to attract the customers/Complainant without having any intention to deliver the goods at such price is clear instance of Unfair Trade practice as defined u/s 2 (47) of C.P Act. 2019 .

14. As per Rule 4(5) of the Consumer Protection (e-Commerce ) Rule 2020 ,the O.P, being an e-commerce entity is duty bound to redress the complaint through a redressal mechanism within one month from the date of receipt of the complaint but here the O.P has appeared in this case and filed their written version shiftingits liability to the Third Party Seller but no grievance offices has been appointed to settle the grievance of the complainant and it is lingering before this Commission which is also a clear negligence on the part of O.P towards the complainant.

15. In view of the foregoing discussion, we are of the opinion that the OP is playing Unfair Trade Practice and & deficient in service towards the complainantcaused financial loss, mental agony ,harassment to the complainant liable todeliver the alleged product within a stipulated period of time or return back the sale price with interest to the complainant and compensate the complainant.Hence, this consumer Complain is partly allowed in following terms. The pending application if any,stands disposed off accordingly.

 ORDER

               In view of the aforesaid facts and circumstances the O.P is directed to deliver the alleged product i.e. Nikon Digital Camera D5600 with AFP 18-55mm AFP 70-300 VR Kit with Bag and 16 GB Memory Card  or else  return the price already paid i.e. Rs.59,990/-  with  interest @9%p.a.  from the date of purchase i.e. 28.02.2021  till its realization. It is further directed to pay  Rs.5,000/- towards litigation costs to the complainant within four weeks from the  date of receipt of this order.

Dictated and corrected by me.

 Sd/-

President

I agree               

        Sd/-               

Member                        

Pronounced in open forum today on this 5^th April, 2023 under the seal and signature of this Commission.

Copy of this judgment be provided to the parties free of cost .The judgment be uploaded forthwith on the website of the Commission for the perusal of the parties.