Punjab

Fatehgarh Sahib

CC/11/2022

Amardeep Singh - Complainant(s)

Versus

Amazon India - Opp.Party(s)

complainant in person

03 Jul 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL

                            COMMISSION

                      FATEHGARH SAHIB.

                                                             

Consumer  Complaint No.	:	CC/11/2022
Date of Institution	:	02.02.2022
Date of Decision	:	03.07.2023

 

Amardeep Singh , 07, Badali Ala Singh , Fatehgarh Sahib, Punjab-140406.

                                                                                                       …………....Complainant

                                                Versus

Amazon India , 26/1, Bridge Gateway, 8^th Floor, Dr. Raj Kumar Road Malleshwar (west), Bangalluru, Karnataka, PIN-560055

                                                              ..………....... Opposite Parties

 

Complaint under Section 35 of Consumer Protection Act 2019

Quorum

Sh. S.K. Aggarwal, President

Ms. Shivani Bhargava, Member

Sh. Manjit Singh Bhinder, Member

Present: Complainant in Person.

              OP Ex-Parte vide order dated 30.03.2022

Order By

MS.SHIVANI  BHARGAVA, MEMBER

 

The  complaint has been filed against the OPs (opposite parties)  under Section 35of Consumer Protection Act-2019 alleging deficiency in service with the prayer for giving direction to the OP to refund  Rs.5998/- and to duly look into this matter with foremost importance to take necessary  steps to render the proper service to the complainant, to pay Rs.5000/-  for harassment and to pay costs of litigation.

2. The brief facts of the complaint are that the complainant   had purchased a product online  namely “ Skullcandy Indy Evo Truly Wireless Bluetooth in Ear Earbunds”  bearing HSN code 8518 on 21^st November,2021 vide order id.404—7826528-2601142 from OP. The complainant had paid Rs.5998/- vide invoice no.ZWNB-4248. The product  was delivered to the complainant. When the complainant unboxed the product he was shocked  to see as there was nothing inside the box. The box was completely empty and the OP’s delivery executive was also present at that time. The complainant contacted the OP’s concerned customer care and escalated the issue . The OP’s concerned customer care asked the complainant to wait for 7 days for internal investigation. After one week , the OP’ concerned executives  called the complainant and told that the OP’s investigation is completed  & according to the report, the Product was delivered . The OP never initiated a proper investigation. The OP  did not even call the complainant during the time of investigation. Hence this complaint.
3. Notice of the complaint was given to the OP through registered Post.   Despite service of notice of complaint,  OP  did not contest the complaint. So, OP was proceeded Ex-parte vide order dated 30.03.2022.       
4. The complainant in support of his complaint produced the affidavit along with copies of documents at the time of filing the complaint.
5. There is no dispute about the fact that complainant  had purchased a product  named “ Skullcandy Indy Evo Truly Wireless Bluetooth in Ear Earbunds”   from Amazon  i.e OP on 21^st November,2021 . He paid Rs.5998/- vide invoice no.ZWNB-4248.  The main grouse of the complainant was that he received empty box. There was nothing inside the box.
6. The complainant has proved the complaint by way of bill & affidavit in support of the allegations set out in the complaint which goes unrebutted & unopposed in the absence of the OP. It raised a reasonable presumption that OP remains deficient in providing service.
7. From the perusal of the record it transpires that when the complainant received the empty box, he immediately  raised his concern with OP. An investigation was done by the OPs but complainant was not satisfied with it.  They stated in their E-mail that product was delivered but they did not  adduce any cogent & convincing evidence regarding the delivery of the said product. In the absence of any such proof, the grievance of the complainant can not be thrown out . Therefore, Op is held liable for  deficiency in service.    
8. As a corollary of our above discussion  and keeping in view the facts & Circumstances  of the present complaint, the same is partly allowed. The OP is directed as under:-

[a] To refund the price of product i.e Rs.5998/- complainant along with interest @ 9% P. A from the date of filing of compliant within 30 days, failing which interest @ 12% shall be payable.

           [b] To pay Rs. 5000/- as compensation for mental and physical harassment

Compliance of the order be made by the OP within a period of 30 days of receipt of certified copy of this order . Failing which the complainant shall be entitled to recover the above said amount through legal process. The complaint could not be decided within the statutory period due to paucity of staff. File be consigned to record Room

Pronounced 3 July 2023.                                         

                                                                      (S.K. Aggarwal)

                                                                      President

                                                                     

    

                                                                           (Shivani Bhargava)

                                                                              Member

 

                                                                          ( Manjit Singh Bhinder )

•                                                                                   Member