Chandigarh

DF-II

CC/636/2022

Karanvir Gandotra - Complainant(s)

Versus

Amazon India Pvt. Ltd. - Opp.Party(s)

In Person

09 Nov 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	636 of 2022
Date  of  Institution	:	22.08.2022
Date   of   Decision	:	09.11.2022

 

 

 

 

 

Karanvir Gandotra s/o Sh.Mohinder Pratap Gandotra, aged about 60 years, Resident of # 3455, Sector 40-D, Chandigarh 160036

             …..Complainant

 

Versus

 

1]  Amazon Seller Services Private Limited, through its Director/Vice-President/Authorized Signatory, Registered Office:- 8^th Floor, Brigade Gateway 26/1 Dr.Rajkumar Road Bangalore 560055, Karnataka, India. 

   

2]  Amazon India Development Centre, Financial District, Nanakramguda, Paayilis Rd, Gachibowli, Nankaramguda, Telangana 500032

 

    ….. Opposite Parties

 

BEFORE:  SMT.PRITI MALHOTRA       PRESIDING MEMBER 

                    SH.SURESH KUMAR SARDANA           MEMBER

                               

Argued by    : Sh.Sourav Gandotra, Representative/son of the         complainant

 

                Sh.Atul Goyal, Adv. for OPs.

 

PER SURESH KUMAR SARDANA, MEMBER

         The case of complainant precisely is that he ordered 4 products (Cricket Bats) for his son on 25^th & 26^th May, 2021, using his wife’s credit card, with OPs on his Amazon Account with registered Mobile No.6284803621 and as such paid a total sum of Rs.1,67,607/- towards said items (Ann.C-2).  It is stated that despite receipt of said complete amount, the OPs neither issued any invoice or bill of said products nor delivered the products.  It is also stated when the complainant tried to contact the OPs by login into his account, he came to know that his amazon account was put on hold, but reason for putting hold on his account has been given by Ops.  It is submitted that the complainant kept on requesting the OPs through emails to either deliver the products or cancelled it and send refund, but despite assurances, they did nothing and instead put a hold on his account without disclosing any reasons, which caused great harassment, agony and loss to the complainant. Hence, this complaint has been preferred.

 

2]       The OPs No.1 & 2/Amazon have filed joint reply and while admitting the factual matrix of the case, stated that against all four orders placed by the complainant for four bats with answering OPs, separate invoices in favour of the complainant were issued by third party Seller – i.e. Cloudtail India Private Limited, Registered Office at Ground floor Rear Portion, H-9,  Block B-1, Mohan Cooperative Industrial Area, Mathura Road, New Delhi South Delhi DL 110044 India, duly indicating its Permanent Account No. & GST No. for the sum received from the complainant dated 25^th & 26^th May 2021 (Ann.OP-3 (colly)). It is denied that the complainant’s account is on hold.  It is denied that impugned products were not delivered to the complainant. It is submitted that the complainant did not approach answering OPs for non-delivery of impugned products once also in the year of 2021 when the products were purchased by him and he only approached for his account being on hold that too through a different account. It is submitted that OPs on several requested the complainant to provide his details so that it can look further into the issue, but he did not provide any details.  It is submitted that the complainant contacted OPs on 31.8.2022 stating that the impugned products were not delivered to him, whereupon matter was enquired and it came to notice that orders were placed in May, 2021 and return/replacement/refund window for the orders expired on 8^th & 10^th June, 2021.  It is stated that the act of complainant of approaching answering OP after a year clearly indicates that this is an afterthought of the complainant to gain undue monetary advantage and compensation. 

         It is pleaded that OPs/ASSPL operates and manages the e-commerce marketplace at www.amazon.in wherein lakhs of third-party sellers and buyers interact and conduct their transactions and as such is an ‘intermediary’ in terms of Section 2(1)(w) of the Information Technology, Act, 2000.  It is also pleaded that only role of ASSPL/OPs is to make e-commerce marketplace user friendly for the independent third-party sellers to list necessary details of the products and for the buyers for searching and browsing through the said product; all invoices for the sale transaction between the buyers and the independent third-party sellers are tax invoices issued by such independent third party sellers indicating their unique tax identification numbers/GST No. Denying all other allegations and pleading no deficiency in service, the OPs have prayed for dismissal of the complaint.

 

3]       Parties led evidence in support of their contentions.

 

4]       We have heard the representative of complainant, ld.Counsel for the OPs and have perused the entire record including written arguments.

 

5]       The main grievance of the complainant is that inspite of paying a Rs.1,67,607/- to the OPs towards the purchase of four cricket bats he did not receive the same.

 

6]       The stand of the OPs is that they operate and manage the e-commerce marketplace at www.amazon.in wherein lakhs of third-party sellers and buyers interact and conduct their transactions and as such is an intermediary. The complainant has not purchased the product from them and hence, has not availed any service from them. We have perused the Annexure P/1 which is an email from OPs to the complainant and the same is reproduced here below.

“Dear customer,

We apologize for the inconvenience caused to you regarding the refund of the four orders.

1. Order # 405-6370837-9789942
2. Order # 171-5597883-7091503
3. Order # 171-5499920-9889940
4. Order # 171-1989868-0808363

    We raised to the concerned team for the refund as the above orders were returned to seller in the transit.

We request you to please wait for 3 days for the refund to be issued.

We appreciate your patience in this manner.

    Warmest regards.

    Amazon.in”

1.  

 

1.  

1. To refund an amount of Rs.1,67,607/- to the complainant alongwith interest @ 9% per annum from the date of filing of this complaint till realization;
2. To pay an amount of Rs.10,000/- to the complainant as compensation for causing mental agony and harassment to him;
3. To pay Rs.10,000/- to the complainant as costs of litigation.

 

        This order be complied with by the OPs within 45 days from the date of receipt of its certified copy, failing which, they shall be liable to additional cost of Rs.10,000/- apart from above relief.

        Certified copies of this order be sent to the parties free of charge. The file be consigned.

Announced

9^th November, 2022                                                       sd/-

(PRITI  MALHOTRA)

PRESIDING MEMBER

 

Sd/-

 (SURESH KUMAR SARDANA)

MEMBER