H. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION SHIMLA First Appeal No. : 10/2021 Date of Presentation :24.02.2021 Order Reserved on :29.11.2024 Date of Order :03.12.2024 _____

Amazon Seller Services Private Ltd., (ASSPL)

Registered Office at Brigade Gateway 8^th Floor, 26/1, Dr.Raj Kumar Road, Malleshwaran (w), Bangalore 560055, Karnataka, through its authorized signatory, Mr.Rahul Sundaram, Senior Corporate Counsel.

…… Appellant/Opposite Party.

Versus

1. Paramjeet Singh S/o Sh.Suram Chand, R/o Village & P.O.

Haroli, Tehsil & District Una, H.P.

……Respondent No.1/Complainant.

2. Punjab National Bank, Branch Office Haroli, Tehsil Haroli, District Una, HP. Through its Manager.

……Respondent No.2/Opposite Party No.2.

Coram Hon’ble Justice Inder Singh Mehta, President Whether approved for reporting?¹ Yes.

For the Appellant: Mr.Sandeep Dutta, Advocate.

For Respondent No.1: Mr.Mohar Singh, Advocate.

For Respondent No.2: Mr.Shivam Parashar, Advocate.

1Whether reporters of the local papers may be allowed to see the order?

Justice, Inder Singh Mehta, President

O R D E R

Instant appeal is arising out of the order dated

20.11.2020 passed by Learned District Consumer Commission, Una, in consumer complaint No.89/2019 titled Paramjeet Singh Versus Amazon Seller Services Pvt. Ltd. &

Anr.

Brief facts of Case

2. Brief facts of the case are that on 07.02.2018 the complainant placed an order of Mobile phone of Redmi Y1 (Gold 32 GB) amounting to Rs. 8999/- vide order No.407- 6952415-2496308 with opposite party No.1/Amazon seller. Amount of Rs.8999/- was paid through ATM card of complainant issued by opposite party No.2/PNB and the said amount has been deducted from the account of complainant. Thereafter, complainant cancelled the order but amount was not refunded by opposite party No.1/Amazon seller. A written complaint through email 22-03-2018 was sent to opposite party No.1/Amazon seller. Then opposite party No.1/Amazon seller replied that they have not received the confirmation of payment from opposite party No.2/PNB. The complainant contacted opposite party No.2/PNB to refund his amount but opposite party No.2/PNB also not sort out his grievances. Complainant neither received the mobile nor got refund of the payment. This is deficiency in service on behalf of opposite parties. Hence, the present complaint.

3. The opposite party No.1/Amazon seller did not appear before the learned District Commission below despite proper service and was proceeded ex-parte vide orders dated 04.10.2019. Thereafter, reply of opposite party No.1/Amazon seller was received in the office of leanred District Commission below, but neither the opposite party No.1/Amazon seller nor any counsel appeared before the learned District Commission below till arguments and ex-

parte order dated 04.10.2019 attained finality

4. The opposite party No.2/PNB resisted and contested the complaint by filing separate reply and submitted that complainant is having saving bank account No.6810000100003526 with the opposite party No.2/PNB and complainant made a transaction of Rs.8999/- through the above said account on 07.02.2018 through his ATM/Net banking. The amount was deducted from the account of complainant and after cancellation of the order no refund has been received in their bank so there is no deficiency in service on behalf of opposite party No.2/PNB. A prayer for dismissal of the complaint was made.

5. The complainant filed rejoinder to the reply of opposite party No.2/PNB in which he denied the averments made in the reply and reaffirmed and reasserted the averments as those made in the complaint.

6. Thereafter, the complainant and opposite party No.2/Bank led evidence in support of their respective pleadings.

7. After hearing the learned counsel of the parties, learned District Commission below allowed the complaint of the complainant.

8. Feeling aggrieved with the order of learned District Commission below, the appellant/Amazon seller has preferred the instant appeal before this Commission.

9. Argumen