BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION: HYDERABAD.

F.A. No.313/2021 AGAINST ORDERS IN CC.No.489/2019 ON THE FILE OF DISTRICT CONSUMER COMMISSION-II, HYDERABAD Between:

Amazon Seller Services Pvt. Ltd., Rep.by through its authorized signatory, Mr. Rahul Sundaram, Senior Corporate Counsel, Having its Regd. Office at: Brigade Gateway, 8^th Floor, 26/1, Dr. Raj Kumar Road, Malleshwaram (W), Bangalore, Karnataka – 560055, India.

….Appellants/Opposite party And Dilip Kumar Das, S/o. Shri Jai Ram Das, R/o. 6-3-1180, Opp: Budha Purnima Apartments, B.S. Makta, Panchama Temple, Somajiguda, Hyderabad – 500016.

…Respondent/Complainant Counsel for the Appellant/ Opposite party : Party-in-Person Counsel for the Respondent/Complainant : Party-in-Person (Amicus Curiae Mr. K. Rajeshwar Rao)

QUORUM: HON’BLE SRI K.RANGA RAO - PRESIDING OFFICER-

MEMBER - (JUDICIAL).

&

HON’BLE SMT.R.S.RAJESHREE, MEMBER (NON JUDICIAL).

TUESDAY, THE SECOND DAY OF JULY, TWO THOUSAND TWENTY FIVE ORDER : (PER HON’BLESMT.R.S.RAJESHREE, MEMBER-NON -

JUDICIAL)

1. This appeal is filed U/s.41 of the Consumer Protection Act, 2019, by the Opposite Party being aggrieved by the order dated 30.03.2021 passed in C.C.No.489/2019 by District Consumer Commission-II, Hyderabad, wherein the District Commission had passed the following orders:-

“In the result, the complaint is allowed in part directing the Opposite Party to: (i) Refund the amount of Rs.3,499/- paid by the Complainant towards the cost of Mixer Grinder together with interest @12% p.a., from the date of payment i.e., 07.09.2019 till the date of realization. (ii) Pay an amount of Rs.10,000/- towards compensation to the Complainant for causing inconvenience and mental agony. (iii) Pay an amount of Rs.5,000/- towards costs of litigation to the Complainant. (iv) Rest of the claims made by the Complainant is dismissed. (v) Time for compliance is 45 days from the date of receipt of this order.”

2. For the sake of convenience, the parties are described as complainant and opposite parties as arrayed in the original complaint.

3. The case of the complainant is that he has booked a Usha Mixer Grinder on 07.09.2019 from Amazon for a sum of Rs.3,499/- and the said amount was paid through HDFC Bank credit card to Amazon Seller Services, Mumabi. Subsequently, it was converted to EMI of 12 months on 09.09.2019 which was exclusive of GST. The product was to be supplied by DS Electronic Hub. That immediately after booking he received an order No.407- 8476220-2709921 from Amazon and also received a mail from Amazon while confirming the order and informing the estimated delivery as 09^th September – 13^th September. Again he received a mail informing estimated delivery as Thursday 12^th September, 2019. On 09th September he received a mail that the item has been dispatched and the order is on its way. On 12^th September, again he received a mail stating that “package was handed over directly to the customer, signed by Dilip Kumar Das, delivered by Amazon, Tracking ID No.228574250564.” On same day again he received a mail stating that “your package will be delivered by 9:00 PM by Amazon delivery agent (Phone NO.914067824444, Pin No.9427) that he had never received any order placed by him again on 14.09.2019 he received a mail stating that “understand that you have not received your order, in order to proceed with our investigation regarding this we need to upload a copy of photo, ID proof (Aadhar Card, Passport or PAN Card).” That he has not received the item despite sending the photograph and ID proof, as such, on 24.09.2019 he sent a mail to Amazon stating that the parcel has been handed over to wrong person and that he ordered a Mixer Grinder on 07.09.2019 and he still waiting for its delivery and requested to enquire the same. That till date he has neither received the ordered item nor any intimation as to where the item was delivered. That as he hasn’t received the Mixer Grinder despite a request he had no other alternative, b