Case BriefsDistrict Court

State Consumer Dispute Redressal Commission, Odisha (SCDRC): Dr D.P. Choudhury (President) modified the compensation amount awarded to a Law Student in light of being subjected to ‘Deficiency of Service’ and ‘Unfair Trade by ‘Amazon’.

The instant appeal was filed under Section 15 of the erstwhile Consumer Protection Act, 1986.

Factual Matrix

While the appellant was in his first year of law school, the OP had floated an offer for sale of a Laptop without Laptop Bag for Rs 190 against the price of Rs 23,499.

OP had confirmed for placing of the order and two hours after receiving the confirmation, the appellant received a phone call from the OP’s Customer Care Service Department stating that the subject order stood cancelled due to the price recession issue.

Since the complainant was in need of a laptop to prepare his project, he raised an objection for such cancellation.

On not receiving any response from the OP, complainant issued a legal notice.

Deficiency in Service

Appellant had to purchase another laptop but suffered from mental agony for such cancellation, hence filed a complaint alleging the deficiency in service and unfair trade practice.

Complainant claimed compensation of Rs 50,000 and Rs. 10,000 towards litigation cost.

District Forum had allowed the complaint partly by directing the OP to pay compensation of Rs 10,000 for mental agony and to pay Rs 2,000 towards the cost of litigation.

Hence, the aforesaid impugned order was challenged by the complainant/appellant stating that the District Forum committed error in law by not deciding to direct to pay Rs 50,000 as compensation.

Analysis, Decision and Law

Bench observed that “When there is an advertisement made for offer placed by the OP and made the offer as per the material available on record and complainant placed the order and same got confirmed, the agreement is complete.”

Another aspect to be noted was that, when the OP had allowed Rockery Marketing at his platform as per written version, the responsibility of the OP could not be lost sight of.

Since there was a breach of contract by OP, OP is held to be liable to pay the damages.

Commission agreed with District Forum’s observation that OP not only negligent in providing service but was also involved in unfair trade practice.

Taking all the factors discussed above for consideration, Bench concluded that compensation awarded should be of Rs 30,000 for unfair trade practice and punitive damages of Rs 10,000. Further, with regard to the cost of litigation Rs 5000 needs to be awarded.

On failing to make the above payments to the complainant within 30 days, the said amounts will carry interest at the rate of 12% per annum.

In view of the above, the appeal was disposed of. [Supriyo Ranjan Mahapatra v. Amazon Development Centre India (P) Ltd., First Appeal No. 492 of 2018, decided on 11-01-2021]


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Case BriefsDistrict Court

District Consumer Disputes Redressal Forum, Ganjam Behrampur: The Bench comprising of Karuna Kar Nayak (President) and Sri Purna Chandra Tripathy (Member), partly allowed a case filed against O.P i.e. “AMAZON”  for ‘deficiency in services’.

In the present matter, the complainant Supriyo Mahapatra had filed a consumer complaint under Section 12 of Consumer Protection Act, 1986 for ‘deficiency in services’ against AMAZON.  The complainant had placed an order for an ASUS X450-cawx214d 14 INCH Laptop for an amount of Rs 190/- against the original price of Rs. 23,499/- by offering a discount of Rs 23,309/-, on placing the order for the same with the option of ‘cash on delivery’, the complainant received a confirmation on his e-mail id and further on acceptance of the order, the complainant was assured with its delivery of the product soon. Though in accordance with the facts as stated, the complainant’s order was cancelled after a couple of hours and he was intimated for the same through a phone call from the customer service department of O.P. Further, the O.P. in response to the reason for cancellation stated that there was some ‘Pricing issue’ due to which the order stands cancelled.

The primary issue that arose in the matter was due to no-response on behalf of the O.P after continuous efforts made by the complainant through customer care service and e-mail in regard to a valid reason for cancellation of his order, which finally forced the complainant to issue a legal notice, which again was not responded by the O.P.

For the above-stated submissions, the District Consumer Disputes Redressal Forum stated that the “O.P. was not only negligent in rendering proper service to the complainant but also involved in unfair trade practice; as such we hold there is deficiency in service by O.P.”. Therefore, complainant’s case was partly allowed and O.P. was directed to pay Rs 10,000 for mental agony as compensation and Rs 2,000/- for the cost of litigation. [Supriyo Ranjan Mahapatra v. Amazon Development Centre India (P) Ltd., Consumer Complaint No. 42 of 2015, Order dated 05-09-2018]