Final Order/Judgment

Debasis Bhattacharya:- Presiding Member

Having been aggrieved over and dissatisfied with the purchase of a ‘Ryzen 73700x Processor’ worth Rs.30,700/- from the opposite party as mentioned in the heading of this order, the instant complaint petition has been filed by the complainant u/s 35 of the Consumer Protection Act 2019.

Firstly, it should be mentioned here before proceeding in the matter of disposal of this case, that the case runs ex parte against the OP, as, in spite of proper service of notice, the OP preferred to refrain from making their appearance before this Commission in course of hearing of this case at any stage.

          The fact of the case as depicted by the Complainants is that the complainant No.1 on 19.10.2021 reportedly placed an order for purchasing a ‘Ryzen7 3700X  Processor’  valued at Rs.30,700/- before the OP through the E-commerce platform Amazon. Complainant No.2 being a close friend of Complainant No.1 claims to have made the entire payment on 19.10.21 through his credit card on behalf of Complainant No.1

On receipt of the payment, the OP dispatched a consignment to the residential address of Complainant No.1 on 24.10.21.

However on detection of the fact that the item delivered was not the item actually ordered, the consignment was returned back to the OP with a request to replace the item by dispatching the precise item originally ordered.

Consequent upon the above, the OP supplied another product on 28.10.21 and this time also it was found that the item dispatched was a different one.

For the second time, the Complainant requested the OP to deliver the item actually ordered and sent the video footage of un-boxing of the package.

On being advised, the Complainant turned back the item to the OP through Speed Post.

However no further replacement was made by the OP in spite of repeated persuasions including legal notice

Considering the OP’s treatment with him as ‘deficiency in service and unfair trade practice’ the complaint petition has been filed in which the petitioner prays for imposing direction upon the OP either to deliver the actual item ordered or to refund back the amount already paid against the said purchase along with appropriate amount of interest.

Besides, further prayer has been made to impose direction upon the OP to pay Rs.1,00,000/- for causing mental agony and harassment, and litigation cost which is not specified

The Complainant is a resident of Hooghly. The claim preferred by the complainant does not exceed the limit of Rs.50,00,000/-

Thus, this Commission has territorial as well as pecuniary jurisdiction to proceed in the instant case.                                                                                     

Materials on records viz. the complaint petition, evidence on affidavit, certain annexed documents viz. the relevant tax invoice and the legal notice sent to the OP  are perused.

However it has already been mentioned in this order that the sole OP preferred to shun the case proceeding and eventually the case ran ex parte against them.

Now, in view of the discussion made hereinabove and considering the facts and circumstances of the case this Commission is of the view that an order for purchasing an item was placed, the corresponding payment was made but the particular item for which the order was placed was never delivered to the person who placed the order, even after all sorts of persuasions.

Thus, there was apparent deficiency of service and unfair trade practice on the part of the sole OP.

Hence it is

                                                     ORDERED

that the complaint case No.197/2022 be and the same is allowed but in part.

The Commission hereby directs the sole OP to deliver the actual item ordered by the Complainants to the address to which the wrong item was delivered failing which the OP will be liable to pay back the purchase price as mentioned in the purchase invoice to the Complainant No.2 with interest @9% for the period from the payment of the purchase price by the Complainant No.2 to the date of actual refund the said purchase price.

Besides, the OP is hereby directed to pay Rs.10,000/-  as compensation for mental pain and harassment of the Complainants and Rs.5,000/- towards litigation cost.

These amounts will be payable to the Complainants in equal proportion.

The Opposite party will have to comply with the order within 45 days from the date of this order.

In the event of non-compliance of this order within the stipulated time frame the opposite party will be liable to pay Rs.5,000/- towards Consumer Legal Aid Account.

Let a plain copy of this order be supplied free of cost to the parties/their Ld. Advocates/Agents on record by hand against proper acknowledgement or sent by ordinary post for information and necessary action.

The final order will be available in the respective website i.e. www.confonet.nic.in.