ORAL

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UTTAR PRADESH, LUCKNOW

A/1731/2023

Amazon Seller Services Pvt. Ltd. Vs Harshit Chauhan & Another

BEFORE:

HON’BLE MR. JUSTICE ASHOK KUMAR, PRESIDENT

HON’BLE MR. SUSHIL KUMAR, MEMBER

Dated : 01-11-2023

BY MR. SUSHIL KUMAR, MEMBER

ORDER         

          This appeal has been filed against the judgment and order dated 14-07-2023 passed by the Learned District Consumer Commission, Aligarh in Complaint Case No.141/2022; Harshit Chauhan Vs Amazon Seller Services Pvt. Ltd. & Another whereby the Learned District Consumer Commission allowed the complaint and directed the opposite parties to pay the compensation of Rs. 81,330/- along with interest @ 12% per annum since 25-04-2023 till the date of actual payment.

The Learned District Consumer Commission further directed to pay Rs. 25,000/- towards the compensation for harassment and mental agony and Rs. 10,000/- as litigation expenses.  

We have heard Sri Jayant Gupta, Counsel for the appellant at the admission stage of this appeal and purpose to dispose of this appeal at the stage of admission itself.

As per the case of complainant, he had placed an order to the opposite party on 24-04-2017 to purchase an iPhone 7plus 128 GB RED and paid its cost, tax and shipping charges total Rs. 81,330/- vide invoice dated 25-04-2017 and received a product through parcel in packed box on 27-04-2017 which was having scratches and its accessories were missing.

Complainant submitted a complaint to the opposite party which was responded by it on 27-04-2017 and informed that the seller

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(opposite party no.2) had accepted the refund request of the complainant and complainant was asked to return the product. The complainant made the compliance, return the product through courier concerned but unable to receive the refund. Therefore he filed the consumer complaint before the Learned District Consumer Commission.

Opposite Parties were served with the notice dated 18-07-2022 but opposite party/appellant failed to appear before the Learned District Consumer Commission and thereafter an ex-parte hearing was conducted although the opposite party/appellant moved an application for recall of the ex-parte order dated 03-08-2022. This application was found not maintainable. The order passed by the Learned District Consumer Commission on this application was never challenge.

The Learned District Consumer Commission appreciated the evidence on record and passed the impugned order, which is based on the evidence submitted by the complainant before the Learned District Consumer Commission.

No interference is required in the impugned judgment and order passed by the Learned District Consumer Commission.

          Accordingly, the appeal is dismissed. 

If any amount deposited by appellant shall be remitted to District Consumer Commission concerned alongwith interest accrued for disposal in accordance with law. 

Let copy of this order be made available to the parties as per rules.

The Stenographer is requested to upload this order on the website of this Commission at the earliest.

    (Justice Ashok Kumar)                                     (Sushil Kumar)                             

      President                                                         Member

Ashish

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