In a recent judgment of the State Consumer Dispute Redressal Commission modifying the judgment passed by the learned district forum directs the Amazon to pay Rs. 40,000/-for cancelling confirmed order of Law Student under the Unfair Trade Practises.
Factual Background of the case
Appellant was pursuing the first year law B.A.LL.B (Hons) course at Tamil Nadu National Law school, the OP has floated one offer for sale of a laptop without laptop bag for Rs 190/- against the price of Rs. 23,499/-. The Appellant placed the order and the OP confirmed the order on the same day. Two hours after the confirmation the Appellant received the call for the cancellation from the Customer Care Service Deptt. Since the Complainant was in need of such laptop to prepare the project, the complainant raised objection for such cancellation.
District Consumer Forum
The District Forum after hearing both the parties allowed the complainant partly by directing the OP to pay compensation of Rs. 10,000/- for Mental Agony and to Pay Rs. 2,000/- towards cost of litigation.
Challenging the District Forum Judgment the complaint filed an appeal in the State Consumer Forum.
Appellant Contentions before the State Consumer Forum
Appellant in its contentions submitted before the Court that:
- The learned district Forum has committed error in law by not deciding to direct to pay Rs. 50,000/- as compensation and good amount of cost.
- To award adequate compensation keeping in notice the mental agony faced by the Appellant and to award adequate cost and the punitive damages, so that the OP will not venture to play unfair trade practices with any other person.
State Commission Analysis
The Forum in its analysis focusing on the privity of Contract and agreement stated that the:
“when there is advertisement made for offer placed by the OP who is reputed Online Shopping website and made offer as per the materials available on record and the complainant placed the order and same has been confirmed, the agreement is complete between the parties.”
The State Consumer Forum referring the Learned District Forum judgment stated that the OP not only negligent in providing service but involved unfair trade practice.
Mental Agony- Suffered by the Complainant
“The complainant being a law student when interested for a laptop with offer price and failed to get the same, obviously he suffered the mental agony. Law is a subject where one has to deal with the multiple issues of the law. The use of laptop has got more emphasis because the today’s legal education gone ahead with virtual mode. Therefore, the mental agony suffered by the complainant.”
-Odisha State Consumer Dispute Redressal Commission
Commission Judgment
The Commission while agreeing to finding of the Learned District Forum odify the impugned order by directing the OP to pay Rs. 30,000/- towards compensation for mental agony and harassment, Rs 10,000/- towards punitive damages and Rs5,000/- towards cost of litigation to the complainant.
Further the Court stated that these payment should be made by OP within 30 days top the complainant failing which all the payments will carry interest at the rate of 12% per annum from the date of this order.
Case Details
Case Title: Mr. Supriyo Ranjan Mahapatra v, Amazon Centre Development Center India pvt. Ltd.
Case no: - 492/2018
Before: State Consumer Dispute Redressal Commission, Odishsa
Picture Source : https://upload.wikimedia.org/wikipedia/commons/c/cf/Amazon_PNG13.png
