PRESENT : Sri. P.C. PAULACHEN, M.Com, LLB    : PRESIDENT

                  Smt. PRIYA.S, BAL, LLB, MBA (HRM) :  MEMBER

Friday the 29^th  day of April 2022

          C.C.99/2021

Complainant

        M.C. Ratnakaran

Advocate

Opp. R.M. Stores

Cherooty

Kozhikode – 673 001

(By Adv. Sri. Anil Kumar Koroth)

Opposite Parties

1. M/s. Amazon Seller Services Private Ltd. (M/s. ASSPL)

Brigade Gateway

Dr. RajKumar Road

Malleswaram (W)

Bangalore – 560 055

(By Adv. Sri. Gimmy George & Harshitha Suresh)

2. Arms Technology

No: 018/4. Thiyagi Kumaran Street

Municipal Colony Road, Erode

By Sri. P.C. PAULACHEN – PRESIDENT 

           This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.

2.         The case of the complainant, in brief, is as follows:

The complainant has purchased HiK Vision 4 Bullet Out Door Cameras and 4 Channel DVR, HDMI/VGA and  Seagate 1 TB Hard Disk B00QO5GSTW (HK11) for Rs.9,088.75/- vide order No. 406-1887427-4293105 dated 06-06-2020 from Amazon Online Shopping Site as per the invoice No. IN-ZSGF999 dated 06-06-2020 and invoice details TS-ZSGF-898775925-2021.  The complainant has received this item on last week of June 2020.  Due to the Covid-19 pandemic situation, the installation of this item was delayed for a few weeks.  When the complainant’s technician tried to install this equipment he could not install it successfully.  The hard disk of the DVR box was found defective and not working at all.  It showed as dead.  No response has been seen from the hard disk. After inspection the technician informed the complainant that the DVR box contains Western Digital’s 1 TB Hard disk which is not working and is not a seagate’s 1TB Hard disk for which the complainant placed order specifically.  The opposite parties have supplied the complainant a DVR Box with a faulty and a different hard disk which was not the one ordered by the complainant.  This is a clear case of cheating, deficiency of service, and unfair trade practice from the opposite parties’ side.  The complainant has sent legal notice to the opposite parties, but they did not send any reply.  The complainant could not use the DVR box and is lying idle in complainant’s house.  Hence the complaint for replacement of the item with a new one with correct specification which the complainant had ordered or reimbursement of the price with interest and also compensation of Rs.10,000/- for the mental agony and hardship suffered. 

3.   The opposite parties were set ex-parte.
4. The points that arise for determination in this case are :

1. Whether there was any deficiency of service or unfair trade practice on the part of the opposite parties, as alleged ?
2. Reliefs and costs

5. Point No.1 –  The complainant has approached this Commission seeking replacement of the articles supplied to him by the opposite parties with a new one with correct specification which he had ordered or refund of the purchase price of Rs.9,088.75/- with interest along with compensation of Rs.10,000/- for the metal agony suffered on account of the alleged unfair trade practice and deficiency in service on the part of the opposite parties. 
6.  The opposite parties remained ex-parte. The case was posted for evidence of the complainant several times. But the complainant also remained absent and did not file affidavit or adduce any evidence.  The fact that the opposite parties were set ex-parte does not automatically entitles the complainant to get the relief sought for. It is for the complainant to prove the allegations in the complaint by adducing proper evidence. But the complainant in this case has utterly failed to prove his case. No deficiency of service or unfair trade practice as alleged is proved against the opposite parties.

7. Point No.2:  In view of the finding on the above point, the complainant is not entitled to get the relief sought for and the complaint is only to be dismissed. 

In the result, CC 99/2021 is dismissed.No order as to costs.

Pronounced in open Commission on this the 29th day of April2022.

Date of Filing: 02/07/2021

APPENDIX

Exhibits for the Complainant :

Ext. A1 – Copy of the tax invoice

Ext. A2 – Lawyer notice

Ext. A3 – Lawyer notice

Ext. A4 – Postal acknowledgement card

Ext. A5 – Postal acknowledgement card

Exhibits for the Opposite Party

Nil

Witnesses for the Complainant

Nil

Witnesses for the opposite parties

Nil

                                                                                       Sd/-

                                                                                   PRESIDENT 

                                                                                       Sd/-

                                                                                    MEMBER  

                                                                         Forwarded/By Order

                                                                            Assistant Registrar