Before the ^{State Consumer Disputes Redressal Commission}

(under ^{Consumer Protection Act, 2019) of Telangana,}

Eruvaka Building, ^{Khairathabad, Hyderabad}

- 500 004

RP ^{No.163/2022 AGAINST CC NO.180 OF 2022}

ON THE FILE OF ^{DISTRICT cOMMISSION-1, HYDERABAD}

Between:

Amazon India (Amazon ^Seller

1) Services Private Limited),

Registered ^{office: Brigade Gateway,}

8th floor, Dr.Rajkumar Road,

Malleshwaram (W),

Bengaluru

-

560 055, ^Karnataka.

Amazon India (Amazon Seller

Services Private Limited),

Represented by its CEO Amit Agarwal,

Having its office at Nanakramguda,

Gachibowli, Hyderabad.

2) Amit Agarwal,

CEO Amazon India,

Having ^{its office at Nanakramguda,}

Gachibowli, Hyderabad.

3) 4)

Deepak, ^{Customer Relations Officer,}

Amazon lndia, having its office at

Nanakramguda, Gachibowli,

Hyderabad.

... Revision Petitioners/Opposite parties

And

Syed ^{Imran S/o late syed Ismail,}

aged about 42 years,

H.No.17-8-247/2/A/1,

Bagh-e-Jaha Ara,

Yakuthpura, Hyderabad.

... Respondent/Complainant

Counsel for Revision Petitioners:

Sri Gali Srinivas

Served with notice

Counsel for the Respondents

cORAM:

Hon'ble Sri Justice MSK Jaiswal

Smt Meena Ramunathan

and

President

Member

Sri K.Ranga Rao

Member

Monday, ^the Twenty ^Sixth day ^of

September ^{Two Thousand ? wenty Two}

Oral Order

This revision petition is filed by the Opposite parties in CC No. i80

of 2022 on the file of District Commission-i, Hyderabad aggrieved by the

orders dated 03.06.2022 by and under which the District Commission-i

Hyderabad forfeited the right of the Opposite parties to file the written

version since there was no representation on their behalt.

2) The facts of the case in brief are that the Complainant purchased

LED Smart TV Th65GX600d (black) (2019 model) on 06.08.2020 lured by

the offer given by the Opposite parties by paying the consideraton ot

RS.8,290/-. It was promised to deliver the consignment on 25.08.2020

but the same is yet to be delivered by the Opposite parties.

As a result ^of

which, the purpose for which the TV was purchased could not be served

and the Complainant was compelled to appoint a securiy guard by

incurring huge expenditure. Hence, complaining deficiency of service on

the part of Opposite parties filed the complaint with a prayer to direct the

Opposite parties to pay Rs.9,56,000- as damages;

to award

compensation ^of Rs.10,00,000/- and costs of the complaint

3) After taking the above complaint on file, the District Commission

below ordered notices to the Revision Petitioners herein and on their

failure to cause appearance and file written version on 03.06.2022, it set

the Opposite parties ex parte by orders dated 03.06.2022.

As against

which, the present revision is filed.

The grievance of the Revision Petütioners/Opposite parties is that

they will not directly sell the products to the customers but merely

provides a common platform for the buyers and the independent third

party sellers to execute transactions of purchase/sale. Since their offñce

is located at Bangalore, it would reasonably take some time to handover

the executed documents to the local counsel at Hyderabad and the same

prevented them from causing their appearance and represent the matter

which is neither intentional nor deliberate.

The District Commission

below ought to have afforded sufficient opportunity to them to file their

written version instead of forfeiting their right.

5) We have perused the material on record and we are satisfied that

the order that is impugned is without affording any opportunity and the

interest of justice demand that an opportunity be afforded to the Revision

Petitioners to file their written version and put-forth their defence.

Hence, the impugned order is liable to be set aside.

In the result, the revision petition is allowed and the order dated

The

03.06.2022 of the District Commission-1, Hyderabad is set aside.

Kevision Petitioners/Opposite parties are directed to appear belore tne

D1s

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