Haryana

StateCommission

A/903/2016

AMAZON SELLER SERVICES PVT.LTD. - Complainant(s)

Versus

PUNEET KUMAR UPADHAYA - Opp.Party(s)

INDERJIT SINGH

27 Mar 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeals No. 903 of 2016 & 143 of 2017.

Date of Institution: 29.09.2016 & 06.02.2017.           

Date of Decision: 27.03.2017.

 

Appeal No.903 of 2016

 

Amazon Seller Services Private Limited, having its registered office at Brigade Gateway, 08^th Floor, 26/1, Dr. Raj Kumar Road, Malleshwaram (W), Bangalore-560055, India, through its Authorized Signatory, Shri Rahul Sundaram.

….Appellant-Opposite Party No.1

 

Versus

 

1.      Puneet Kumar Upadhaya son of Shri Ganesh Dutt, resident of House No.1408, Dhasmesh Nagar, E-Block, Village Naya Gaon, District Mohali, Punjab.

 

….Respondent No.1-Complainant

 

2.      Cloudtail India Private Limited at Unit No.1, Khewat/Khata No.373/400, Mushtail No.31, Village Taoru, Tehsil Taoru, District Mewat, on Bilaspur-Taoru Road, Mewat, Haryana-122105, through its Managing Director.

 

                                      ….Respondent No.2-Opposite Party No.2

 

 

Appeal No.143 of 2017

 

 

Cloudtail India Private Limited, having its Corporate Office at 06^th and 07^th Floors, Divyasree Chambers, Wing ‘B’, # 11 O’Shaughnessy Road, Langfor Town, Bangalore-560025, Karnataka, India and its registered office at Ground Floor Rear Portion, H-9, Block B-1, Mohan Co-operative Industrial Area, Mathura Road, New Delhi-110044, through its Authorized Signatory.

 

          ….Appellant-Opposite Party No.2

 

Versus

 

1.      Puneet Kumar Upadhaya son of Shri Ganesh Dutt, resident of House No.1408, Dhasmesh Nagar, E-Block, Village Naya Gaon, District Mohali, Punjab.

….Respondent No.1-Complainant

 

2.      Amazon Seller Services Private Limited, having its registered office at Brigade Gateway, 08^th Floor, 26/1, Dr. Raj Kumar Road, Malleshwaram (W), Bangalore-560055, India, through its Authorized Signatory, Shri Rahul Sundaram.

 

                                             ….Respondent No.2-Opposite Party No.1

 

CORAM:   Hon’ble Mr. Justice Nawab Singh, President.

                   Mr. Balbir Singh, Judicial Member.           

  

 

Present:     Mr. Inderjit Singh, counsel for Amazon Seller Services Private Limited-Opposite Party No.1.

                   Mr. Vishal Madaan, counsel for Mr. Puneet Kumar Upadhaya-Complainant.

                   Mr. Om Parkash Mahour, counsel for Cloudtail India Private Limited-Opposite Party No.2.

                            

O R D E R

 

NAWAB SINGH J, (ORAL)

 

This order disposes of afore-mentioned Appeals bearing No. 903 of 2016 & 143 of 2017 filed by Amazon Seller Services Private Limited-Opposite party No.1; Cloudtail India Private Limited-Opposite party No.2 respectively because they have arisen out of common order dated July 20^th, 2016 passed by District Consumer Disputes Redressal Forum, Panchkula (for short ‘District Forum’), whereby complaint filed by Puneet Kumar Upadhyay-complainant was allowed. For facilitation, operative part of the impugned order is reproduced as under:

“We are of the view that the present complaint deserves to be allowed and the same is accordingly allowed. The Ops are directed as under:-

1. To refund an amount of Rs.7048/- the cost of mobile phone to the complainant.
2. To pay an amount of Rs.5,000/- as compensation for mental agony and harassment etc.
3. To pay an amount of Rs.5,000/- as cost of litigation.”

 

2.      Mr. Inderjit Singh, counsel for Amazon Seller Services Private Limited and Mr. Om Parkash Mahour, counsel for Cloudtail India Private Limited have stated that the entire amount awarded by the District Forum has been paid to the complainant. A fact which is not refuted by the complainant.

3.      It has been further urged that since the payment has been made, the appeals be dismissed as withdrawn.

4.      In view of the above, the appeals are hereby dismissed as withdrawn.

5.      The statutory amount of Rs.8600/- & Rs.8524/- deposited at the time of filing the Appeals No.903 of 2016 & 143 of 2017 be refunded to the respective appellant against proper receipt and identification in accordance with rules.

6.      Certified copy of this order be placed on the file of Appeal No.143 of 2017.

 

 

March 27th, 2017 D.R.

Balbir Singh Judicial Member

Nawab Singh President