Chandigarh

DF-I

CC/472/2022

MEENAL - Complainant(s)

Versus

AMAZON INDIA - Opp.Party(s)

In Person

28 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/472/2022
Date of Institution	:	23/07/2021
Date of Decision	:	28/03/2023

 

Meenal W/o Pawan Kumar, Resident of H.No.277-B, Sector-51, Chandigarh-160047.

… Complainant

V E R S U S

Amazon India, Brigade Gateway, 8^th Floor, 26,1,Dr.Raj Kumar Road, Malleshwaram, W, Bangalore

… Opposite Party

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR	MEMBER

 

                                                

ARGUED BY	:	Complainant in person.
	:	OP ex-parte.

 

Per Surjeet kaur, Member

1.      Averments are on 25.03.2021 the complainant had placed an order on Amazon India for purchase of three birthday dresses for her one year old daughter for celebration of her first birthday proposed to be celebrated on 31.03.2021. The order was delivered to the complainant’s residence on 30.03.2021. Thereafter, opening the packet, the complainant find one single T-shirt from inside in place of three baby dresses which the complainant had ordered on the OP site. The complainant had taken up this matter with Amazon customer care and apprised the case through phone call as well as email dated 30.03.2021. The customer care executive has advised us that the said case shall be investigated by them prior refund of our money and asked up to wait till 06.04.2021. Despite of the complainant’s regular follow ups with the customer service centre, since the receipt of shipment and subsequently on 30.03.2021, 06.04.2021 and 07.04.2021 service executives has failed to provide the satisfactory response and refund. Hence, is the present consumer complaint.  
2.     Notice of the complaint was sent to OP seeking its version of the case. However, nobody appeared on behalf of OP despite following proper procedure, therefore it was proceeded ex-parte on 14.03.2023.
3.     Complainant led evidence by way of affidavits and documents.
4.     We have heard the complainant and gone through the record of the case.
5.     The case of the complainant is that she placed order to buy three birthday dresses for her one year old daughter for first birthday of the child. The grouse of the complainant is that only one T-shirt was sent therefore, she did not receive the complete order. Hence, is the present complaint. 
6.     Significantly, OP did not appear to contest the claim of the complainant and preferred to proceed against ex-parte. This act of the OP draws an adverse inference against it. The non-appearance of the OP shows that it has nothing to say in its defence against the allegations made by the complainant. Therefore, the assertions of the complainant go unrebutted and uncontroverted.
7.     As per invoice dated 25.03.2021 the complainant ordered three items for which she paid an amount of Rs.2559/- as per index No.2 attached with the complaint. As per record the order was received on 30^th March. Index No.4 dated 30^th March shows that order was incomplete. The complainant generated one email dated 06.04.2021 index No.6 complaining about wrong and incomplete product received. Thereafter, on 07.04.2021 as per index No.7 reminder was sent to the Amazon, but no solution was given to the genuine grievance of the complainant. Rather vide a message the OP conveyed to the complainant that it has investigated the matter and it appears that the package was delivered intact in condition and correct items were shipped and delivered as per its investigation. Also it won’t be able to provide a replacement order or refund of the order at this time.
8.     After going through the documents on record, we are of the considered opinion that the OP has not disclosed through its email message to the complainant that which kind of investigation was done by it and how it concluded that order/item appears intacted and complete order was sent to the complainant. If it was so even then why OP hesitated to appear during the proceedings of the present case. Hence, the act of the OP for not providing proper services and most importantly non-appearing during the proceedings of the present case proves deficiency in service on the part of OP.
9.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OP is directed as under :-

1. To refund amount of ₹2559/- to the complainant alongwith interest @ 9% per annum from the date of filing of this complaint till realization. The complainant shall, however, return the product in question to the OP.
2. to pay an amount of ₹2000/- to the complainant as compensation for causing mental agony and harassment to her;
3. to pay ₹2000/- to the complainant as costs of litigation.

 

10.     This order be complied with by the OP within thirty days from the date of receipt of its certified copy, failing which, it shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
11.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

			Sd/-
28/03/2023			[Pawanjit Singh]
Ls			President
			Sd/-
			[Surjeet Kaur]
			Member