BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM ::
KADAPA Y.S.R DISTRICT
PRESENT SRI V.C. GUNNAIAH, B.Com., M.L., PRESIDENT
SMT. K. SIREESHA, LADY MEMBER
SRI M.V.R. SHARMA, MEMBER
Wednesday, 20th July 2016
CONSUMER COMPLAINT No. 28 / 2016
Shanmukha Sharma, S/o Om Prakash Sharma,
aged 27years, Hindu, R/a D.No. 14/325,
Near Telephone Exchange, Kamalapuram town,
Kadapa District. ….. Complainant.
Vs.
Amit Agarwal, Vice President and Country Manager,
India Amazon, 26/1, 8th floor, Brigade Gateway,
Dr. Raj Kumar road, Malleswaram (W),
Bangalore – 560055, Karnataka State. ………Respondent
This complaint coming on this day for final hearing on 13-7-2016 in the presence of Sri S. Mastan Valli, Advocate for Complainant and respondent called absent and set exparte on 27-6-2016 and upon perusing the material papers on record, the Forum made the following:-
O R D E R
(Per Smt. K. Sireesha, Member),
1. Complaint filed under section 12 of C.P. Act 1986.
2. The brief facts of the complaint are as follows:- It is submitted that the Complainant is resident of D.No. 14/325, Near BSNL exchange, Kamalapuram village and mandal, Kadapa district. On seeing the advertisement of Arnolds iron whey 5lbs (vanilla) unlimited nutrition Hologram on impression of the same on 6-3-2016 the Complainant ordered above said product through Amazon. Order No. #404-4403938-1977918, total amount of Rs. 4,999/- is paid through SBI debit card No. 4591500109473096 and the same is dispatched via speed post (AWB #AW95738046IN) and the same is delivered to me on 14-3-2015. Therefore, the Complainant opened the product and used the same for one day, then soon the Complainant got vomiting sensation and metabolic system of the Complainant has become disorder. The Complainant approached to the Govt. hospital, Kamalapuram and the doctor gave treatment to the Complainant and said due to using of the above said product it happened to your health.
3. Then the Complainant went to his house and saw product delivered by Amazon. Then the Complainant came to know that the product is expired before March 2016. Then on 14-3-2016 at 3.05 p.m the Complainant made a call to the Respondent Amazon customer care and informed the whole matter to them, for that on 14-3-2016 at 3.15 p.m the respondent sent mail to the Complainant in Gmail stating thanks for contacting them. Then the Complainant gave a reply to it on 14-3-2016 at 3.31 p.m by sending 5 photos of the product delivered to him by the respondent including with doctor’s prescription. Again the respondent sent a letter on 14-3-2016 at 6.20 p.m requesting the Complainant to return the product.
4. After that the Complainant made a call to the Amazon customer care on 15-3-2016 oat 10.43 a.m stating that the bill of the above said product is not send to the Complainant along with product order copy 404-4403938-1977918. For that the Respondent on 15-3-2016 at 10.50 a.m mailed to the Complainant suggesting to visit the help section of their website to download the invoice. For that the Complainant sent a mail to Respondent on 15-3-2016 at 11.00 a.m stating that it is completely Amazon’s responsibility and mandatory to check the expired date and best before date of the eatable things before sending to their customers because the manufacturer itself officially says that if the product reaches its expire date it is concerned as poison which is dangerous to health and suffered due to stomach pain and vomiting after consuming the expired product. Then the Respondent Company mailed on 15-3-2016 at 12.03 p.m requesting to return back the product and stated sorry.
5. Then after on 16-3-2016 at 12.29 p.m the Complainant sent mail to the respondent that he will go in legal way “What if I did not come to know about the expiry date before and keep on consuming the Arnold iron whey the expired product poison for few days. Later when he digit major problem related to his body organs (Kidney or liver) that is going to be responsible for that just because of Amazon’s irresponsible major mistake have to suffer for lifelong spending money on his health. Then can the Amazon return his health no this is not a small issue still his total digestive system is upset. This mistake is not forgivable and will not be spared.
6. Due to the consumption of the Respondents protection powder the Complainant suffered but as the above said product is of about to expire and its reaction to health of the customer may become serious. As the Complainant is a educated person immediately he went to the doctor and got treatment for the same. Even then the Complainant is taking treatment with doctor’s advice.
7. How such biggest online retailer go for cheating to their customer without taking the health care of their customers and the same is published in Sakshi Daily News paper dt. 18-3-2016. The negligence and irresponsibility of the Respondent may bring serious and dangerous situation to the consumers health when use your products. For tha who will be responsible if a layman use your product if anything happens to him when he continue your product without seeing the expiry date, what would happen to his health.
8. Further it is submitted that it is not indispensable that every customer of Amazon have to be educated and to read manufacturing date on eatable things sold by Amazon to their customers because some may be educated and some may not. And though some may be educated and but they do not read expiry date due to having belief trust on Amazon and some do not have habit to read. Such type of fraud that not sending the bill with the ordered product, irresponsibility and negligence will not be tolerate and compramisable. How the company can sent such expiry date products to their customers without bill and with a malafied intention to make money with such expiry date products by using the good will of amazon and cheating the customers and creating problems to customers. The Complainant estimated the loss up to day i) Price of the Amazon good of Rs. 4,999/-, ii) Doctor expenses and medical expenses of Rs. 500/-, iii) Corresponding expenses of Rs. 1,000/-, iv) for mental torcher of Rs. 1,00,000/-, v) for fraudness of Rs. 18,90,000/- and vi) too and fro charges of Rs. 3,500/- totaling Rs. 19,99,999/-.
9. The Complainant therefore, prayed that the Hon’ble forum may be pleased to pass an order in favour of the Complainant and against the Respondent (a) directing the respondent to pay compensation for negligence and fraudness of Rs. 19,99,999/- (b) direct the respondent to pay the decree costs and (c) and to grant such other relief or reliefs as the Hon’ble court deems fit in the circumstances of the case.
10. Respondent called absent and set expate on 27-6-2016.
11. On the basis of the above pleadings the following points are settled for determination.
- Whether the complainant is eligible for compensation as prayed by him or not?
ii. Whether there is negligence or deficiency of service on the part of the Respondent or not?
iii. To what relief?
12. On behalf of complainant Exs. A1 to A12 were marked.
13. Point Nos. 1 & 2. It is true from Ex. A1 that the Complainant had placed order on 6th Mach 2016 to the Respondent company. After receiving the product the Complainant had corresponded the Respondent as per Ex. A4, Ex. A5, Ex. A6, Ex. A7, Ex. A8, Ex. A9, Ex. A10, Ex. A11 and Ex. A12. The Complainant intimated expiry date to the Respondent for the same there is reply from Ex. A6 from the Respondent customer service center. They requested the Complainant to return the product back to them with courier charge that he had spent charges that return they will immediately issued return establishing refund for this order. The Respondent stated in Ex. A6 that full refund for the order placed by the Complainant. When the Respondent had responded in a positive way and the Complainant had kept product with him. If the Complainant had returned the product the Respondent refunded his amount along with courier charges. But the Complainant did not do so. So as seen from the evidence of record and averments of the complaint and documents filed by the Complainant, it is very clear that the Respondent requested the Complainant to return the product and they will refund the amount but the Complainant did not do so for the reasons best known to him. At the same time there is 24 days life time to the product after the order placed by the Complainant. So as seen from the above contents there is no deficiency in service and negligence on the part of the Respondent. At the same time the Complainant is not eligible for any compensation as prayed by him.
14. Point No. 3. In the result the complaint is dismissed without costs.
Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open Forum, this the 20th July 2016.
MEMBER MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses examined.
For Complainant : NIL For Respondents : NIL
Exhibits marked for Complainant: -
Ex: A1 Final details for order dated 6-3-2016.
Ex: A2 Paper Publication
Ex: A3 Government Hospital bill dated 14-3-2016.
Ex: A4 G-mail copy dated 14-3-2016 at 3:15 p.m.
Ex: A5 G-mail copy dated 3: 31 P.M.
Ex: A6 G-mail copy dated 14-3-2016 at 6:20 P.M.
Ex: A7 G-mail copy dated 15-3-2016 at 10: 50 A.M.
Ex: A8 G-mail copy dated 15-3-2016 at 11:00 A.M.
Ex: A9 G-mail copy dated 15-3-2016 at 12:03 P.M.
Ex: A10 G-mail copy dated 16-3-2016 at 12:29 P.M.
Ex: A11 G-mail copy dated 16-3-2016 at 2:45 P.M.
Ex: A12 G-mail copy dated 16-3-2016 at 6:20 P.M.
Exhibits marked on behalf of the Respondent :
MEMBER MEMBER PRESIDENT
Copy to :-
- Sri S. Mastan Valli, Advocate for complainant.
- Amit Agarwal, Vice President and Country Manager,
India Amazon, 26/1, 8th floor, Brigade Gateway,
Dr. Raj Kumar road, Malleswaram (W),
Bangalore – 560055, Karnataka State
B.V.P.
