IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA
Monday the 09th day of August, 2021
Filed on 21.11.2019
Present
1. Sri.S.Santhosh kumar.Bsc.LLB(President)
2. Smt. Sholly.P.R ,LLB (Member)
In
CC/No.309/2019
Between
Complainant:- Opposite parties:-
Sri. Jomon Chacko Amazon Seller Services (P) Ltd
Ehickayppuram Regd. Office Of Brigade Gateway
Thathampally.P.O 8th Floor, 26/1, Dr. Rajkumar
Alappuzha-688013 Road, Malleshwaram(W)
(Party in Person) Banglore-560055
(Adv. Sri. K. Rasheed)
O R D E R
SMT. SHOLLY.P.R (MEMBER)
1. Material averments in brief of the complaint are as follows:-
On 29-10-2019 the complainant had booked TCL’40’ Full HD LED Smart TV(Black) through the opposite party Amazon online shoppy India Ltd (WWW.Amazon .in) and its booking ID is 405-1383336 – 9639551. Total cost of the product including the rate of extended warranty @ Rs.849 is Rs.15,848/- and the same was paid to the opposite party from the account of the complainant’s brother from Axis Bank, Alappuzha branch and it was credited to the account of opposite party. It was informed the delivery date is 5th November 2019. But the product was not delivered till date to the complainant. On enquiry the customer care centre of the opposite party informed one or the other excuses and entrusted its delivery.
The said TV was booked by the complainant on the auspicious occasion of house warming of his new home. But it made mental agony and financial loss due to the non delivery of the said TV. Hence the complaint filed for delivery of the same model TV and compensation and cost from the opposite party. Notice issued from this Commission returned un-served with an endorsement “insufficient address, return to sender”. But version filed by M/s Amazon seller services Pvt. Ltd who impeaded as per order in IA. No.207/2020, which they filed voluntarily and incorporated as the opposite party in the Consumer Complaint. They filed a detailed version denying all the averments of the complainant. According to them it is the party responsible for the transaction made by the complainant is “Cloudtail India Pvt. Ltd, Survey 1105, Belluru, Krishnapural Village, Narasapura Hobli, Kolar Taluk, Kolar, Karnataka-563133.
Eventhough the impleaded opposite party filed a detailed version contenting the allegations of the complaint they did not cross examined the complainant when he filed proof affidavit for adducing evidence. Alongwith proof affidavit the complainant also produced two documents which marked as Ext.A1 and Ext.A2. More over it is pertinent to note that in the version though they narrated some documents submitted alongwith version as their evidence the same is not seen filed.
2. Point to be considered are:-
1. Whether the opposite party incorporated as opposite party in CC case is involved in the matter in dispute in this case?
2. If so, whether the complainant is entitled to get any relief from the opposite party as claimed in the complaint?
3. Relief and cost?
3. Point No.1 and 2:-
Complainant filed chief-affidavit in tune with the complaint. 2 documents were produced and got marked as Ext.A1 and A2. Ext.A1 is the invoice of the product issued by the opposite party to the complainant dated.29/10/2019. Ext.A2 is the payment information.
The complainant’s case is that he had booked TCL ‘40’ Full HD LED Smart TV black through online from Amazon. in and had paid its price of Rs.14,999/- and charge for extended warranty Rs.849/- for the very purpose of installing it on the auspicious occasion of his house warming. But it was not fulfilled because the opposite party has not delivered the product on the day offered for delivery nor till date. Causing huge mental agony and financial loss due to the above matter the complainant filed this complaint.
On perusal of Ext.A1 and Ext.A2 it shows that the online booking of the product was made by the complainant from amazon.in . After giving sufficient opportunity, even after filed a detailed version the opposite party has neither present nor deputed any lawyer to cross examine the complainant and challenge the complaint and the documents marked on the side of the complainant. A mere deniel of every fact cannot be accepted without any evidence. The unchallenged averments in the complaint, proof affidavit and documents are clearly established the grievance of the complainant, hence the complainant is entitled to get the reliefs from the opposite party impleaded in the lite of clear unfair trade practice on the part of opposite party.
4. Point No.3:-
In the result complaint stands allowed in part.
1. Opposite party is directed to pay Rs.14,999/- with interest @ 9% per annum from 29/10/2019 till its realization to the complainant.
2. Opposite party is directed to pay Rs.5000/- as compensation for suffering mental agony to the complainant.
3. Opposite party is directed to pay Rs.2000/- as cost of the proceedings to the complainant.
The order shall be complied within one month from the date of the receipt of this order.
Dictated to the Confidential Assistant, transcribed by him corrected by me and pronounced in open Commission on this the 09th day of August, 2021.
Sd/-Smt. Sholy.P.R(Member)
Sd/-Sri.S.Santhosh Kumar(President)
Appendix:-Evidence of the complainant:-
Ext.A1 - Invoice dated.29/10/2019
Ext.A2 - Payment Information
Evidence of the opposite parties:-Nil
// True Copy //
To
Complainant/Oppo. party/S.F.
By Order
Senior Superintendent
Typed by:- Br/-
Compared by:-
