Tripura

West Tripura

CC/82/2016

Sri Abhishek Kumar Singh. - Complainant(s)

Versus

Ebay India Private Limited. - Opp.Party(s)

Self

02 Jan 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
WEST TRIPURA :  AGARTALA

CASE   NO:   CC-  82 of 2016 

Sri Abhishek Kumar Singh,
(Assistant Commandant), 
124 BN CRPF, 
Salbagan, Agartala,
Tripura- 799012.                ..…..…...Complainant.

        VERSUS

eBay India Pvt. Ltd.,
14th Floor, North Block, R-tech Park,
Western Express Highway, Gurgaon(East), 
Mumbai-400063, India.            ..............Opposite parties.

 

      __________PRESENT__________

 SRI A. PAL,
PRESIDENT,
  DISTRICT CONSUMER  
DISPUTES REDRESSAL FORUM,
      WEST TRIPURA, AGARTALA. 

SMT. Dr. G. DEBNATH
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

SRI U. DAS
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

 

C O U N S E L

    For the Complainant    : Complainant in person.

    For the O.P.             : None appeared.

 

        JUDGMENT  DELIVERED  ON: 02.01.2017

J U D G M E N T
        This case is filed by one Abhishek Kumar Singh, Assistant Commandant, 124 BN CRPF, Salbagan, Agartala. Fact of the case in short is that the complainant booked one item Fancy Kurti for his wife on 12th August 2016 through eBay website. The product was not delivered in the address given by him. He had to receive the product  from the DTDC courier centre. After opening the packet he found that the product was not as per description shown in the website. Product was very cheap and can not be used not at par as advertised in the website. He made complaint about the dissatisfaction and wanted to get back the amount after return of the product. He sent mail to the eBay. eBay then advised him to make contact with the seller ''Store Deal 99''. He then made contact with the store dealer but they refused to receive his complaint. Thereafter he made contact with the eBay. eBay insisted that item was as per advertisement given. The price was not refunded. The item was not taken back. He then made contact with the National Forum Help Line and as per their instruction this case is filed before the District Forum to get the redress. 

        After filing of the case notice was sent to eBay opposite party. But the O.P. did not appear. No step was taken. So, case proceeded exparte. Exparte evidence recorded. 
        Petitioner produced the Email sent and received in connection with the purchase of the item. 

        We have gone through the evidence and the documents produced. We shall now decide the matter.
            Findings and decision;
        We have gone through the order confirmation, mail also shipping report given by opposite party. Confirmed item receipt also given. Thereafter the petitioner complained stating that the product delivered to him was not as per advertisement given. eBay received the complaint and assured to resolve the claim, advised him for patience. Finally they closed the claim stating that the claim does not fall under eBay guarantee, liability criteria. They advised the petitioner to make contact with the seller for resolving the claim. In this way opposite party avoided the responsibility. It is found that advertisement through website is given by eBay not by seller. It is true that eBay is a platform for selling all item. But they are coming directly with contact with the purchaser receiving the price and also giving assurance for service. The seller is kept in dark not coming in picture. Therefore responsibility can not be shifted to the seller for change of item or refund of price. But that step was not taken by eBay. This is deficiency of service. The product  was not up to the mark. Not as per standard advertised in website of eBay. The seller may give wrong description of the item but the seller description was advertised in the website of eBay. So eBay can not avoid the responsibility. This is unfair trade practice. For this unfair trade practice by eBay and also for its deficiency of service petitioner suffered. Petitioner is an Assistant Commandant of CRPF. His service is transferable. He had to take much pain for filing this complaint before this District Forum. eBay is doing  business at Agartala within the jurisdiction of this Forum through website. By its deficiency of service and unfair trade practice petitioner suffered. He is therefore entitled to get compensation. No amount is claimed by him in this petition. We have assessed his pain and suffering and considered that opposite party eBay should pay him compensation along with cost of item amounting to Rs7500/- & eBay is to take back the item. The courier DTDC should arrange the return of item to eBay without any cost. eBay is to take up the matter with the actual seller for this unfair trade practice. We direct eBay opposite party to pay the amount Rs.7500/- to the petitioner in his address directly by cheque or through net banking. The amount is to be paid with in one month & if not paid it will carry interest @ 9% per annum.
    
        Send the copy of the judgment to the petitioner and also eBay, opposite party for early payment of the compensation. Also inform DTDC to send back item without charge.    

                      Announced.

 

SRI A. PAL
PRESIDENT,
DISTRICT CONSUMER  DISPUTES 
REDRESSAL FORUM,
WEST TRIPURA,  AGARTALA.

 

 

SRI U. DAS
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.