STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH.

  First Appeal No.680 of 2017                                                    

Date of institution  :    22.09.2017

Reserved On           :   13.05.2019

Date of decision     :    20.05.2019

Amazon Seller Services Private Limited, having Registered Office at Brigade Gateway, 8^th Floor, 26/1, Dr. Rajkumar Road, Malleshwaram (W), Bangalore-560055, India, through its Authorized Signatory Sh. Rahul Sundaram.

….Appellant/Opposite Party No.4

Versus

1.      Rahul Popal S/o Sh. Ashok Kumar Popal, R/o Kothi No.415-   A Block, G.T. Road, New Amritsar, Punjab.

                                                              ….Respondent/Complainant

2.      Cloudtail India Pvt. Ltd., Anjaneya Infrastructure Project No.38 & 39, Souka Road, Kacherakanahalli, Haskote Taluka, Bangalore, Karnataka-560067.

3.      Cloudtail India Pvt. Ltd., S-405, L Ground Floor, Greater           Kailash, New Delhi-110048.

4.      Oneplus Mobile Service Centre, 7^th Block, Koramangala,         Bangalore, Karnataka-560095.

5.      AHD Communications Service Centre, 1^st Floor, Bhai      Ghaniyan Market, near Bus Stand, G.T. Road, Amritsar.

                               ….Respondents/Opposite Parties No.1, 2, 3 & 5

First Appeal against the order dated 17.08.2017 of the District Consumer Disputes Redressal Forum, Amritsar.

Quorum:- 

          Hon’ble Mr. Justice Paramjeet Singh Dhaliwal, President

                        Mrs. Kiran Sibal, Member

Present:-

          For the appellant             :    Sh. Inderjit Singh, Advocate

          For respondent          No.1       :    None

         For respondents No.2&3:    Sh. J.S. Mann, Advocate

          For respondents No.4&5:    Ex parte.  

JUSTICE PARAMJEET SINGH DHALIWAL,  PRESIDENT  

                    The instant appeal has been filed by the appellant/opposite party No.4 against the order dated 17.08.2017 passed by District Consumer Disputes Redressal Forum, Amritsar (in short, “the District Forum”), whereby the complaint filed by respondent No.1/complainant, under Section 12 of the Consumer Protection Act, 1986, was disposed of and the opposite parties were directed, jointly and severally, to refund the price of the handset, in question, amounting to ₹24,999/- to the complainant within 30 days of the receipt of copy of the order, failing which the said amount was to carry interest at the rate of 6% per annum from the date of the order till realization. They were further directed, jointly and severally, to pay ₹2,000/- to him towards litigation expenses.

2.           It would be apposite to mention that hereinafter the parties will be referred, as have been arrayed before the District Forum.

Facts of the Complaint

3.           Brief facts, as averred in the complaint, are that the complainant purchased one mobile phone make OnePlus 2 (Sandstone Black 64 GB) manufactured by OnePlus Company through an order, which was placed online through opposite party No.4 in October, 2015. Opposite parties No.1 to 3 are the authorized representatives of opposite party No.4, who booked the parcel of OnePlus 2 mobile and the payment was to be made in cash on delivery thereof. There was an express assured online warranty/guarantee of one year for the said mobile set; which was having IMEI No.867290027275535 and the payment of ₹24,999/- was made in pursuance of invoice No.KA-BLR6-144105041 4834468. The delivery of the handset was made by opposite party No.4, appellant before us.  It was averred that the handset was having problems in MIC, overheating and it was not being charged properly.  It did not catch any SIM signal properly. Therefore, on 08.09.2016, the complainant complained to opposite party No.5, Authorized Service Centre of opposite party No.3-Company; where only the software was reinstalled in the handset. However, problems in the handset were still subsisting. He again approached opposite party No.5, whose technician opened the handset and cha