Smt. Sangita Paul, Member

This is a case filed by Mr. Dibyendu Boxi of Village – Barkhali, P.O. – Amira, P.S. – Falta, Dist. – 24 Parganas (South), West Bengal, Pin – 743 368 against the Amazon India with a prayer for directing the OP to look into the matter with foremost importance to take necessary steps to render proper service to the complainant with delivery of the said ordered mobile namely Redmi 9 as early as possible and take necessary resolutions regarding the above mentioned issue along with an unconditional apology, provide Rs.17,000/- as compensation to the complainant for deficiency in service and mental harassment and agony, to pay the cost of litigation.

OP is Amazon India.  The address is No.26/1, Brigade Gateway, 8^th Floor, Dr. Rajkumar Road, Malleswaram, Bangalore-560 055 (near Orion Mall). 

The complainant, by filing this case states that he ordered for a Redmi 9 Mobile Phone from the OP’s concern dated 2^nd November, 2021.  After placing the order the complainant made payment of Rs.8,499/- for the said product vide Order No.404-60648670649128.  The complainant states that the expected date of delivery was 11 to 15^th November, 2021.  The date was mentioned by the OP’s concerned.  But the OP did not deliver the product to the complainant even after the expiry of the expected date of delivery. 

Afterwards the complainant contacted with the OP’s concerned regarding the matter and lodged a complaint.  But the OP delayed unnecessarily regarding the matter and did not provide any proper information to the complainant. 

The complainant states that he contacted with the OP again but the complainant did not get any proper response from the OP.  It appears that the OP had malafide intention to harass the complainant.  The OP wanted to dupe the complainant.  The complainant’s hard earned money was not utilized properly. 

The complainant approached the OP for proper response, but the OP’s reply was the most unfortunate.  The OP tried to bye-pass his liability.  The OP denied to co-operate.  The OP is very much irresponsible and reluctant in this matter. 

The complainant also had telephonic conversation with the OP.  The complainant also sent messages through e-mail for solving the said issue.  The OPs failed to give the proper service to the complainant.  It appears that the OP’s run an unfair trade practice.  The OP’s have miserably failed in providing proper service. 

The cause of action arose on 23.12.2021 and it is still continuing. 

Hence the complainant prays for a direction upon the OPs to look into the matter with foremost importance, to take necessary steps to render proper service to the complainant with delivery of the said ordered mobile i.e. Redmi 9 as early as possible and to take necessary resolution regarding the above mentioned issue, to provide Rs.17,000/- as a compensation to the complainant for deficiency in service, mental harassment and agony and to pay the cost of litigation.  

The complaint case was filed on 31.05.2022.  The case was admitted on 10.06.2022.

On 05.07.2022, the complainant files track report showing service of notice upon the OPs on 12.08.2022, the OP appears by filing power.  On 19.08.2022, OP is present and prays for time for filing W/V.  But it appears that the statutory period for filing W/V is over.  Hence, the prayer of the OP is considered and rejected.  Hence the case proceeded ex-parte against the OP.  On 20.09.2022 the complainant prays for treating his complaint petition as evidence on affidavit.  The prayer of the complainant is allowed.  On 28.02.2023, the complainant prays for treating his complaint petition as BNA.  The prayer of the complainant is hereby allowed.  Argument was heard.  Accordingly we proceeded for giving judgement.  

                                Points for consideration :-

1. Is the complainant, a consumer?
2. Is the OP guilty of deficiency in service and unfair trade practice?
3. Is the complainant entitled to get relief as prayed for?

Decision with reasons :-

Point No.1:- 

On perusal of complaint petition and documents on record, it appears that the complainant ordered for a Redmi 9 Mobile Phone to the OP, Amazon India.  The order was placed on 02.11.2021.  The complainant made payment of Rs.8,499/-,  which was the full payment for purchasing the said mobile phone.  So it appears that the complainant is a consumer u/s 2(7) of the C P Act 2019.  So, the first point is decided in favour of the complainant.

Point No.2:- 

The complainant ordered for the mobile phone on 02.11.2021.  But mobile phone was not delivered to the complainant till 31.05.2022.  The complainant lodged the complaint on the above mentioned date.  It appears that the complainant was supposed to get the mobile phone latest by 15.11.2021.  But it is surprising that the complainant did not get the mobile phone.  The order was placed but the complainant failed to get the same.  The OP did not deliver the mobile to the complainant’s address.  The complainant persuaded for several times.  But the OP is reluctant to co-operate.  It is due to gross negligence of the OP that the complainant did not get the mobile phone.  As a result the complainant had to suffer monetary loss.  On 02.11.2021, it was informed to the complainant that the

scheduled date of delivery was from November 15, 2021,  but with no effect.    The OP did not act according to their words.  The OP is deficient in rendering service.  The OP took money but did not deliver the mobile phone.  The complainant faced problem due to unfair trade practice adopted by the OP.  So the second point is decided in favour of the complainant and against the OPs.

Point No.03 :-

The OP did not deliver the mobile phone in time.  The OP did not feel it important to inform the complainant that they would send the mobile.  No communication was made by the OP.  The complainant enquired for several times but the OP is not interested to answer the OP’s question. The OP wants to dupe the complainant.  The complainant approached the OP’s place but the OP did not act accordingly.  The complainant sent legal notice on 23.12.2021.  The legal notice was sent to the OP asking to deliver the mobile phone immediately.  The complainant’s hard earned money was blocked unnecessarily.  Neither he got the mobile phone nor did he get back his money along with interest.  The complainant spent time in mental agony.  The reason of reluctance of the OP is best known to the OP.  The complainant is harassed for several times.  Hence he is entitled to get relief as prayed for.  So, the third point is decided in favour of the complainant and against the OP. 

In the result, the complaint case succeeds.

Fees paid is correct.

Hence, it is,

                                                                                  ORDERED

That the instant complaint case be and the same is allowed ex-party against OP with cost of Rs.10,000/- (Rupees ten thousand).

That the complainant is directed to send the Redmi 9 mobile phone within 30 days from the date of this order. 

That the OP is directed to pay compensation to the tune of Rs.10,000/- (Rupees ten thousand) to the complainant within 30 days from the date of this order. 

That the litigation cost of Rs.10,000/- (Rupees Ten Thousand) is to be paid by the OP within the stipulated period of 30 days. 

That the complainant is at liberty to put the order into execution if the orders are not complied with within 30 days from the date of this order.

Ld. Member Sri Partha Kumar Basu joined on 11.04.2023 and he did not take part in hearing the argument of the case.  As such he did not sign the judgement and order passed on this day. 

Let a copy of this order be supplied to the parties concerned free of cost. 

That the final order will be available in the following website: www.confonet.nic.in.

Dictated and corrected by me.  

            Sangita Paul  

               Member