Ld. Advocate(s)

                                    For Complainant: Subhasis Ray

                                    For OP/OPs : None

            Date of filing of the case                      :04.01.2023

            Date of Disposal  of the case              :19.12.2023

Final Order / Judgment dtd.19.12.2023

          The case of the complainant  Mrinmoy Chakroborty in a few words is that the OP No.1 the Director of Amazon India Private Limited published  an

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advertisement in the Online site for selling  Apple iPhone  13 (128 GB) model at a price of Rs.71,938/-. The complainant booked that phone and accordingly, the said cell phone was supplied to the complainant  on 02.09.2022. Before getting delivery of the said phone, the complainant received  one text message in his phone being number 9609434149. On 02.09.2022 the delivery agent  of OP No.1 came to the house of the complainant  and as per norms the complainant  paid the invoice  value of Rs.71,938/- through his credit card  and then only the delivery agent  delivered  the article  to the complainant.  Just after taking delivery the complainant  un-booked the packets  in presence of the  delivery agent of the OP and the entire matter  was recorded  in the form of photography  in another cell phone  of the complainant. Just after opening  the packet  the complainant found that the OP No.1 the Director Amazon  India Private Limited delivered  one used  article  instead of  a new one.  Being dissatisfied  the complainant  wanted to return back  the said  material  to the delivery agent  of OP No.1 but he refused  to take back  the same and advised  the complainant to inform  the matter to OP No.1 through e-mail.  Accordingly , the complainant lodged a complaint  through registered  e-mail of OP No.1 and the OP No.1 replied  that they supplied  new phone,  so they are unable to replace the  item or refund  its value.  From the  package  the complainant  got  the Tax Invoice  wherefrom  he got the information  that the cell phone was sold from the house of OP No.2 with details  of this disputed cell phone which were   “Apple iPhone 13 (128GB)-Green B09V4B6K53HSM:85171350,” and the same did not apply  with the cell phone set. So after receiving  the reply from the customer care the complainant  sent legal notice  through his Advocate  to the opposite parties  but they did not  give any reply  so the complainant  filed this case. The cause of action arose  02.09.2022 being the date of purchase  and thereafter, it is continued  till the filing  of this case.  The OP thus have adopted unfair trade practice for which the complainant suffered pecuniary loss as well as mental pain and agony. The complainant  therefore,  prayed for an award directing  the OPs either to replace the  duplicate cell phone  by supplying  the original or refund  the entire consideration  money  of Rs.71,938/-, Rs.1,00,000/- for mental pain  and agony and Rs.20,000/-for litigation cost.

The notice  of this case was duly served  upon the OPs. As per the case record notice was served  upon OP No.1vide order no. 8 dated 28.04.2023 but the OP No.1 preferred  not to contest the case. Accordingly  the case  was decided to be heard ex-parte against OP No.1 vide order no. 8 dated 28.04.2023.

It is also depicted from the case record  that OP No.1 failed to appear in this case  despite News Paper Publication on 25.05.2023 and as such  the case was  decided to be heard ex-parte  against OP No.2 vide order no.11 dated 10.07.2023.

Accordingly, case is  heard ex-parte against both the OP No.1&2.

But complainant in order to substantiate the case proved the Tax Invoice issued by Amazon. in in  the name of the complainant  Mrinmoy Chakroborty vide order no.405-8977017-4411517 for Apple iPhone  13 (128GB)  and Apple USB

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power adopter  for a total  sum of Rs.71,938/-. Annexure-2 is the copy of immediate regarding intimation of delivery of the packet item. The complainant also proved the message from customer service of Amazon OP to the complainant dated 07.10.2022. The photographs of the said iPhone are also submitted to establish the case of the complainant.

The complainant also filed affidavit in chief in regard to the case made out in the complaint.  None of the OPs could discard the said evidence of affidavit in chief with the complainant in as much as the OPs did not contest the case.

The entire oral evidence  in the form of affidavit in chief  and documentary evidence stand unchallenged  and discarded in as much as  the OPs preferred not to contest the case.

Thus  having assessed  the entire evidence  in the case record  and after considering  the facts and circumstances  of this case  the Commission is of the view that  the OPs  have acted  in a manner  which tantamounts  to deficiency in service  and unfair trade practices which should be  compensated  in terms of money  for causing harassment, mental pain and agony to the complainant.

Consequently  the complaint case succeeds ex-parte with cost.

Hence,

          It is

Ordered

                                                          that the complaint case no.CC/03/2023 be and the same is allowed ex-parte with cost of Rs.10,000/- (Rupees ten thousand) against the opposite parties. The complainant  Mrinmoy Chakroborty  to get an award for a sum of Rs.71,938/- (Rupees Seventy one thousand nine hundred thirty eight) against the OPs  with condition to return  the said iPhone same to the OPs, Rs.1,00,000/- (Rupees One lakh) towards harassment  and mental pain and agony. The Opposite parties are jointly and severally liable  to pay the award money. The Opposite parties are directed to refund  Rs.71,938/-(Rupees seventy one thousand nine hundred thirty eight) to the complainant  after taking back  the said cell phone as described  in the complaint from the complainant and pay Rs.1,81,938/- (Rupees one lakh eighty one thousand nine hundred thirty eight) to the complainant  within 30 days  from the date of passing the final order failing which the entire award money shall carry an interest @ 8% p.a. from the date of final order  till the date of its realisation.

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All Interim Applications  (I.A) stand disposed of  accordingly.

D.A to note in the trial register.

The case is accordingly disposed of.

Let a copy of this final order be supplied to both the parties at free of costs.

Dictated & corrected by me

 ............................................

                PRESIDENT

(Shri   HARADHAN MUKHOPADHYAY,)        ................ ..........................................

                                                                                                                          PRESIDENT

                                                             (Shri   HARADHAN MUKHOPADHYAY,)

I  concur,

                                                                                                   ........................................                                                 

          MEMBER                                                                

(NIROD  BARAN   ROY  CHOWDHURY)