DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

WEST TRIPURA :  AGARTALA

 

 

CASE   NO:   CC- 38 of 2019

 

 

Sri Rana Pratap Nath Bhaumik, 

S/O.Sri Usha Ranjan Nath Bhaumik, 

Resident of Radhamadhav Sarani,

P.O.-Dhaleswar, PIN-799007,

Dist.-West Tripura, Agartala….......................................................................Complainant.

 

 

 

-VERSUS-

 

 

1.The Amazon Seller Services Pvt. Ltd. ,

Represented by the Chief Executive Officer(Country Manager),

Registered Office, Brigade Gateway, 

8th Floor, 26/1, Dr. Rajkumar Road, Malleshwaram(W),

Bengalore-560055, Karnataka, India.

 

2. The Proprietor, 

Archies Stationers & Suppliers, 

Plot No.3, Ganesh Vihar, Gopalpura,

Bypass, Jaipur-302018, India.

 

3. The Proprietor, 

Competition King Book Fair, 

Sabji Mandi, Near Hajipur Railway Station, 

Hajipur, Vaishali, Bihar-844101, India.

 

4. The Proprietor, 

Mittal Books, Orient Infracon Pvt. Ltd.,

Taki Road, Bamunmurah, 

Post: Badu, Kolkata, West Bengal-700124, India...........................................Respondents

 

 

 

 

     __________PRESENT__________

 

 SRI BAMDEB MAJUMDER

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL FORUM,

      WEST TRIPURA, AGARTALA. 

 

SRI UMESH DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

SMT. Dr BINDU PAL

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

 

 

C O U N S E L

 

 

For the Complainant : In person. 

 

For the O.P. No.1&3    : Saikat Rahman,

  Ramij Ali,

  Sri Hrishikesh Bhattacharjee,

  Sri Bhaskar Deb,

  Advocates. 

 

For the O.P. No.2&4 : None appears. 

 

 

JUDGMENT  DELIVERED  ON : 29 / 05/2020

J U D G M E N T

          The Complainant Sri Rana Pratap Nath Bhaumik, set the law in motion by presenting the petition U/S 12 of the Consumer Protection Act, 1986  complaining deficiency of service & unfair trade practices by the O.Ps.

Complainant's case, in brief, is that the Complainant on 06/04/2019 placed 06 nos. on line supply orders through the online portal Amazon India Limited(O.P. No.1) for 12 copies of NCERT textbooks of Class-IX on payment of Rs.2,042/- which includes shipping charges. The payment of Rs.2042/- was made in favour of the O.P. No.I (the Amazon India Ltd.) from the Account No.520441033008727 maintained with the Corporation Bank, Kamanchowmohani Branch Agartala, through the Rupay Card No.5089xxxxxxx0962. The details of the supply order is mentioned below:  

 

Sl. No. Name of Books Order placed for number of copies    

1 Moments, (Supplementary Render in English for Class-IX) 02 Copies.    

2 Mathematics(Textbook for Class-IX) 02 Copies.    

3 Economics (Textbook for Class-IX) 02 Copies.    

4 Democratic Politics-I(Textbook in political Science for Class-IX) 02 Copies.    

5 Beehive (Textbook in English for Class-IX) 02 Copies.    

6 Science (Textbook for Class-IX) 02 Copies.  

 

The complainant in his complaint alleged that as per supply order the O.P. Amazon India Ltd. sent a packet in the address of the Complainant on 06/04/2019. But after opening the said packet the Complainant found that only one set copy of the book “Moments” was  in the packet instead of two set of copies. There was no MRP affixed in the body of the said book. The Complainant further stated in his complaint that from the invoice No. IN-491 in connection with the said book “Moments” it reveals that the O.P. No.2 had shipped only one book namely “Moments” and charged Rs.310/- including shipping charge. But actual price (MRP) for the book is Rs.35/- per set. 

The Complainant also stated in his complaint that he thereafter received another parcel as per his supply order dated 06/04/2019 and that after unpacking the parcel he found that the O.P. No.3 supplied two copies of the textbook namely “Democratic Politics-1 bearing No. ISBN 81-7450-537-7. The MRP of the said book is Rs.80/- per set. The Complainant alleged that from the invoice issued against the said book it was found that the O.P. No.3 had charged Rs.100/- per copy excluding shipping charge Rs.160/-. Thus the Complainant had to pay Rs.360/- against supply of two sets of book namely Democratic Politics-1. The Complainant alleged that on meticulous scrutiny of the bill and invoice he found that the O.P. No.3 had sold out the book “Democratic Politics-1” at an over price rate exceeding the MRP and charged an excess amount Rs.40/- per copy.  

The Complainant in his complaint also alleged that the O.P. No.4, Mital Books, Orient Infracon Pvt. Ltd., West Bengal had supplied him two copies of Economics Textbook bearing ISBN No.81-7450-5172 as per supply order dated 16/04/2019 on behalf of the O.P. No.1 and that on scrutiny of the invoice it reveals that the O.P. No.4 had charged Rs.80/- per copy excluding shipping charge of Rs.40/-. This O.P. also sold out the book at an over price rate exceeding the MRP of Rs.45/-. 

The Complainant further stated in his complaint that as per supply order dated 16/04/2019 placed with the O.P. No.1, the Novel International supplied him two sets of NCERT Mathematics Textbooks bearing ISBN 81-7450-489-3 and that after unpacking the parcel the Complainant found the MRP on the said two books were erased using black ink by the supplier. The books were sold out at an over price rate exceeding the MRP and charged an excess amount Rs.114/- beyond the MRP of Rs.135/-. The Complainant in his complaint asserted that due to missing of the bill he could not ascertain detail address of the supplier and for that reason he could not make Novel International as a party to the complaint. According to him the liability of unfair trade practices would be fixed upon the O.P. No.1.   

The Complainant also stated in his complaint that the O.P. Nos.1,2&4 had failed to supply him two set copies of Science Textbook for Class-IX and Beehive, Textbook in English for Class-IX and also one set of another book namely “Moments”(Supplementary reader in English Class-IX) though he had paid through online full price against the said 05 Nos. of book. 

So, being aggrieved and dissatisfied with the conduct of the O.Ps.,  the Complainant alleging deficiency of service and unfair trade practices has filed the instant complaint before this Forum claiming Rs.1,00,000/- each as compensation for causing harassment and mental agony and Rs.1,00,000/- each as litigation costs from the O.Ps.  

Hence this case.

 

2. In due course of time notices were duly sent to the O.Ps. from the Forum. 

          The O.P. Nos.2,3&4 have not turned up before the Forum to contest the complaint though notices were duly served upon them. So the case proceeded experte against the O.P. No.2,3&4.  

  The O.P. No.1 has, however, contested the case by filing written objection denying the allegations of the Complainant.  The said O.P. has asserted that he has acted as an Electronic Platform and that he was not the seller of the Books. According to him his role was like an intermediary to facilitate  sale  transactions between independent third party sellers and independent end customers. All the products on the Amazon India platform are sold by third party sellers, who avail the on line market place services provided by the O.P. Amazon India on terms decided by the respective sellers and that in the instant case the O.P. Nos.2,3&4 were the sellers. As such the O.P. No.1 Amazon India can not be held liable for the alleged unfair trade practice and deficiency of service as alleged by  the complainant in his complaint. The O.P. further asserted that as he was not involved in the entire transaction executed between the sellers and the complainant and since there is no privity of contract between the Complainant and the O.P. sellers, hence O.P. Amazon India can not be held liable for the alleged lapse that had arisen out of such contract. The O.P. No.1, Amazon India  further asserted that it has not been involved in any unfair trade practices. The O.P. has thus prayed for dismissal of the complaint against him.         

EVIDENCE ADDUCE BY THE PARTIES:-

 

3. The Complainant has examined himself as PW-I and he has submitted his examination-in-Chief by way of Affidavit. In this case the complainant produced 16 documents comprising 20 sheets under a Firisti dated 22/05/2019. On identification the  documents are marked as Exhibit-I series. The Complainant was cross examined by the O.P. No.1.

No evidence was led on behalf of the O.P. No.1

POINTS TO BE DETERMINED:-

    Based on the contentions raised by the Complainant and the O.P. No.1 in their pleadings and having regard to the evidence adduced by the complainant, the following points cropped up for determination:

        (I) Whether the O.P. Nos.-1,2,3&4 have committed any deficiency of service towards the Complainant and have also indulged in unfair trade practices?

(II) Whether the complainant is entitled to get  compensation/relief as prayed for?

 

5. DECISION AND REASONS FOR DECISION:

  We have heard arguments from the Complainant and the O.P. No.1. Both sides have also submitted citations in support of their arguments. 

    We have perused the pleadings and the evidence adduced by the Complainant. We have also perused the written objection filed by the O.P. No.1. The O.P. No.1 has not adduced evidence to contradict the evidence adduced by the Complainant. The O.P. Nos.2,3&4 did not file W.O. So, the case proceeded experte against them. From the case record we find that the O.P. No.3 has compromised the dispute that had arisen between him and the Complainant. By order dated 11/09/2019 passed by this Forum the amicable settlement which had been made between the Complainant and the O.P. No.3 pursuant to a petition having been signed by the Complainant and the O.P. No.3, was allowed. Now we are to decide the instant case on consideration of the materials on record in respect of the Complainant and the O.P. Nos.1,2,&4. 

  It is admitted and established fact that the Complainant had placed online supply order on 06/04/2019 to the O.P. No.1, Amazon India for 12 copies of 06 Nos. NCERT Textbook for Class-IX on payment of Rs.2042/- to the O.P. No.1 through online. The said amount includes shipping charges also. The names of those books are “Moments” (Supplementary Reader in English for Class-IX), “Mathematics”(Textbook for Class-IX), “Economics”(Textbook for Class-IX), “Democratic Politics-I” (Textbook in Political Science for Class-IX) , “Beehive”(Textbook in English for Class-IX) & “Science” (Textbook for Class-IX). From the materials available on record it has been proved that out of the 12 set copies of the aforesaid 06 NCERT Textbooks, 05 sets were not supplied to the Complainant. It is evident from the case record that the books which were supplied to the Complainant did not have MRPs and that the O.Ps. charged excess price beyond the MRPs. The Complainant has brought on record the details of the MRPs. of each of the books. We are satisfied the O.Ps. have adopted unfair trade practice by way of selling the books at an over price rate beyond the MRPs. We have already stated that the O.Ps. did not adduce evidence controverting the claim of the Complainant that the O.Ps. had indulged in unfair trade practices.     

In our opinion the O.Ps. who were associated with the sale transaction of the books can not shirk their responsibilities for charging  the price beyond the MRPs of each books.  Even the O.P. Nos.1,2&4 have failed to supply 05 set of books out of 12 sets though they have been paid due amount against those books by the Complainant. This is also an instance of unfair trade practice on the part of the said O.Ps. Since the O.P. No.3 has already compromised and settled the dispute which had arisen between him and the Complainant, the O.P. No.3 has already been exempted from any liability of this case vide order dated 11/09/2019 passed by this Forum.

We find that due to the unfair trade practice adopted by the O.P. Nos.1,2&4 the complainant has suffered mental agony, harassment & financial loss. 

Be it mentioned here that the citations which were referred to by Learned Advocate for the O.P. No.1 do not appear to us applicable to the case in hand as the factual matrix in the referred cases are distinguishable. Hence we do not inclined to rely upon those cases. 

 

6. In view of the discussion made above, we find and hold that the complainant has succeeded in establishing his case U/S 12 of the Consumer Protection Act,1986 against the O.P. Nos.1,2&4. 

Hence we direct that the Complainant is entitled to get   compensation of Rs.12.000/- & Rs.3,000/- as cost of litigation. Thus in total the Complainant is entitled to get Rs.15,000/-(Rs.12,000/-+ Rs.3,000/-). 

The O.P. Nos.1,2&4 are jointly and severely directed to pay the amount of Rs.15,000/- to the Complainant  within a period of 2 months from the date of judgment failing which the amount of compensation shall carry interest @ 9% P.A. till the payment is made in full. 

 

 

 

    Announced.

 

SRI  BAMDEB  MAJUMDER

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL FORUM,

WEST TRIPURA,  AGARTALA

 

 

 

 

 

SRI  UMESH  DAS

MEMBER,

DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

 WEST TRIPURA,  AGARTALA.

 

 

SMT. DR  BINDU  PAL

 MEMBER, 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA