Amazon, retailer fined Rs 35,000 for delay in refunding defective laptop price
Mar 26, 2024
New Delhi [India], March 26 : A Delhi Consumer Commission recently directed Amazon and its retailer to pay Rs 35,000 to a buyer over an inordinate delay in refunding the price of a defective laptop.
The Commission noted that there was a delay of one year and five months and there was not an appropriate grievance redressal mechanism.
The District Consumer Disputes Redressal Commission (East Delhi) passed the order while deciding the Complaint filed by Anil Kumar and Brijesh Kumar.
The Commission, headed by SS Malhotra, directed the opposite parties to pay Rs. 10000 as litigation costs to the complainants. Both the amounts are directed to be paid within 30 days from the date of order.
It also directed Amazon to provide an appropriate grievance redressal mechanism to consumers.
The complainant stated that the Rs 77,990 laptop was ordered through Amazon Seller Services Pvt Ltd and sold by the retailer Appario Retail Pvt Ltd. It was also stated that the delay in refunding the price of the product caused the consumer mental agony and harassment.
"This commission is of firm view and that Amazon (Opposite Party 1), who accepts the orders from the customers, places the order with the third party and concludes the contract once the goods are delivered, is not a simple intermediary," the commission, comprising Members Rashmi Bansal and Ravi Kumar, said in the order.
The commission noted that, as evidenced on record, the refund was initiated almost one year and five months after much deliberation by the complainant.
"It is also established that Opposite Party-1 (OP-1) does not have an appropriate grievance redressal mechanism and the phone numbers of the concerned persons are not provided on its website, which amounts to a deficiency of service on its part," the commission said.
It was also observed that OP-1 has been using one-sided oppressive terms of the contract, which amounts to unfair trade practice on its part.
The Commission also held the retailer (OP-2) liable for deficiency in service as the defective product was sold by it.
"OP1 and OP2 are directed to pay compensation to the complainant for its deficient service and unfair trade practice that has caused mental agony and harassment to the complainant to the tune of Rs 35,000," the commission said in the order.
It has also directed Amazon to display on its site the complete details of the officers dealing with the grievances of the complainants or customers and provide a foolproof transparent grievance redressal mechanism.
The commission also directed Amazon "to make the provisions for handing over the receipt of the pick-up item to the customers" to provide a "safe and secure pickup" to the customers.
