BEFORE THE III ADDITIONAL BANGALORE URBAN

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

                               BENGALURU – 560 027.

DATED THIS THE 17^th DAY OF OCTOBER, 2022

CONSUMER COMPLAINT NO.1482/2019

PRESENT:

SRI.RAJU K.S,

SMT.REKHA SAYANNAVAR,:MEMBER

Narasimha Prasad L,

S/o N.Lakshmikanthan (late),

Aged about 41 years,

Residing at:Guna Dhaama,

42/1A, 17^th Main,

Coconut Garden, Kamma Gondana Halli,

Bangalore-560 015,

Landmark:Ashoka

International School. ……COMPLAINANT

Amazon India Private Limited,

World Trade Center,

Brigade Gateway,

Dr.RAjkumar Road,

Bangalroe-560 055.

Country Manager Amazon India:Amit Aggarwal,

CEO Amazon:Jeffrey Preston Bezos,

Amazon investigation team.……OPPOSITE PARTY

Rep by Smt.Suhasini S. Advocate.

*****

//JUDGEMENT//

BY SRI. RAJU K.S, MEMBER

The complainant has filed this complaint u/s 12 of the Consumer Protection Act-1986 for the relief of refund the amount of Rs.55,000/- with interest at the rate of 9.5% p.a. from the date of transaction with other reliefs. 

2. The complainant having online account under the name narasimha024@rediffmail.com(ph:9945843502) with opposite party for online shopping. The opposite party has saved complainant’s personal information, credit card details on their website “https://amazon.in on 21.04.2018 without complainant’s consent and without knowledge after first transaction with opposite party.  Due to lack of security some miscreants hacked the opposite party website and able to login to complainant’s account on 13.06.2019 and attempted five times fraudulent transaction in order to purchase “Amazon Pay Vouchers” which was opposite party own product.  Out of five transactions opposite party has blacked three fraudulent transactions of Rs.4,900/-, Rs.25,000/- and Rs.45,000/-.  However, the opposite party cleared two transactions for Rs.30,000/- and Rs.25,000/- which was debited from complainant credit card account. The miscreants used Rs.55,000/- to purchase Amazon Gift Vouchers No.407-6948057-1465917 and 407-4742328-7897968.  The opposite party not listed these two fraudulent transactions under cleared orders in “my orders” list of complainant.

3. After knowing the fraudulent transactions the complainant raised a dispute form with his credit card Provider Standard Chartered Bank on the same day.  The opposite party has confirmed two transactions were cleared and assured Standard Chartered Bank to recover the amount from complainant even the complainant raised dispute with opposite party.  The complainant has forced to pay Rs.55,000/- to his credit card account for these fraudulent transactions. 

4. On the force of complainant’s repeated phone call requests and emails, the consumer support Rachael from the opposite party investigation team worked on this issue and provided an email on 23.08.2019 confirming the fraudulent transaction and that the applicable merchant has to provide refund and closed the case.  In this issue Amazon itself the merchant and the product purchased by miscreants is Amazon Gift Voucher.  In spite of the opposite party investigation team found and declared as fraudulent transaction, the opposite party had failed to refund of Rs.55,000/- to complainant.  All his requests went into vein.  Then no other way this complaint for refund of money. 

5. On the other hand, the opposite party filed the version by denying the complaint averments.  The opposite party took specific contention that the “Amazon Seller Services Private Limited (ASSPL) is does not sell or offer any products or endorses any product or advertise or service on its website, but it only provides online market place where independent third party sellers list their products for sale, and the sellers were responsible for themselves and their products.  Further, the opposite party is only an intermeddler and facilitator and has no manner of right to control the transactions either from buyer or seller.  The respective parties are oblige the user contracts under conditions to use and deny his liability.

6. The complainant is examined as PW1 and got marked EX.P1 P5.  The opposite party not chosen to examine by filing the affidavit, only files documents in support of their version. 

7. Heard the complainant’s side arguments.

        8. The points that would arise for consideration are as under:

i) Whether the complainant proves the deficiency of service on the part of the opposite party ?

ii) Whether the complainant is entitled to the reliefs as sought ?

iii) What order ?

   9.   Our findings on the aforesaid points are as follows:

Point No.1 :  In affirmative

Point No.2 :  Partly in affirmative

Point No.3 :  As per the final order for the following;

REASONS

  10. POINT NO.1:- In this complaint, it is admitted fact that the complainant having the account in the name of “” the amazon account resolution team has clearly mentioned that “the applicable merchants will be notified and charged back and your account will be credited”.  From the above words it was clarified and admits the fraudulent transaction happened in their e-commerce platform “Amazon.in”. 

11. Further in the above case, the beneficiary is the amazon itself.  The fraudulent transaction took place for purchasing of Rs.55,000/- Amazon Gift Voucher.  The opposite party himself is the merchant.  The opposite party did not wash his hands for the refund of Rs.55,000/- amount.  Being the E-commerce entity and as a facilitator for sellers and buyers the opposite party having the legal obligation for the fraudulent transactions as equal to the buyers and sellers.  He has to secure his website from leaking personal information stored from any unauthorized transaction.  In this complaint, the opposite party failed to secure the details of personal information and credit card details to unauthorized user, and allowed the fraudulent transaction and caused to loss of Rs.55,000/- to complainant, same is to be refunded by the opposite party.  Hence, the opposite party is to liable to pay Rs.55,000/- amount to complainant with interest.  Hence, we answer this point in affirmative.

12.POINT NO.2:-  The complainant has lost Rs.55,000/- from fraudulent transaction, same is to be refunded by the opposite party with 9% interest from the date of payment i.e., from 13.06.2019 till realization.  In addition to that the opposite party has to pay Rs.10,000/- towards compensation for mental agony suffered by the complainant.  The opposite party has also to pay Rs.10,000/- towards litigation cost to the complainant.

13.POINT NO.3:- In view of the discussion made above, we proceed to pass the following;

The complaint is allowed in part.

The opposite party is directed to pay a sum of Rs.55,000/- to the complainant with interest at the rate of 9% p.a. from 13.06.2019 till realization.

Further, the opposite party is directed to pay a sum of Rs,10,000/- towards mental agony and a sum of Rs.10,000/- towards litigation cost. 

The opposite party shall comply the order within 30 days. In case, the opposite party fails to comply the order within the said period, the above said amount of Rs.20,000/- carries interest at the rate of 9% p.a. from the date of order till realization.

Supply free copy of this order to both the parties and return extra copies of the pleading and evidence to the parties.

Applications pending, if any, stand disposed of in terms of the aforesaid judgment.

(Dictated to the Stenographer, typed by her, the transcript corrected, revised and then pronounced in the open Commission on 17^th day of October, 2022)                                            

• REKHA SAYANNAVAR)    (RAJU K.S)         (SHIVARAMA. K)    
•  

//ANNEXURE//

Witness examined for the complainantss side:

Sri.Narasimha Prasad L, the complainant has filed his affidavit.

Documents marked for the complainants side:

1. Copy of amazon website.
2. Copy of standard chartered credit card statement.
3. Copy of another credit card statement of standard chartered.
4. Copy of order Amazon.
5. Copy of email dt.23.08.2019.

 Witness examined for the opposite party side:         

Documents marked for the Opposite Parties side:

1. Letter of authorization in favour of Rahul Sundaram.

2. Copy of Board Resolution dt.22.09.2014.

3. Copy of Condition of Use of the Website.

4. Copy of FDI Policy, Press Note No.3-2016 series by Department of Industrial Policy and promotion (DIPP).

•  REKHA SAYANNAVAR)    (RAJU K.S)         (SHIVARAMA. K)    
•