Consumer commission holds e-commerce platform liable for deficiency in seller’s product

She approached Amazon website through email as well as telephonic calls for replacement but was told that the product does not fall under replacement policy and was promised a refund. Also, the e-seller refused to refund the amount and closed/blocked the Amazon account of the complainant.

Amazon India, in its reply, stated that it had only provided the marketplace and had no role to play in the entire sale transaction, which was independently undertaken between the complainant and the independent third party seller, i.e., K.D. Nutra Enterprises, and even the consideration was paid to it directly by the complainant. The e-commerce firm further added that as it is not a manufacturer of the products listed on its platform and is not liable for performance of the sale agreement executed by the buyer and seller on the e-commerce marketplace.

Following the statement of the complainant, the other respondent party, K.D. Nutra Enterprises was let go from the case.

The commission after hearing the matter held: “we do not find any merit in the defence of the OP (opposite party) because undeniably, the complainant had placed the order for the product in question by using the platform of OP-1 (Amazon.in) and not directly with the seller. It is also undisputed that the products sold online generally carry a return policy for some specified period within which the same can be returned/replaced.”

“It is generally seen that the online platforms give large-scale advertisements offering for sale of varied products and the consumers get attracted and decide to purchase such product(s) keeping in view the brand name and reputation of the platforms like Amazon.in and not the seller at all”.

It noted that there is a “reasonable presumption” that the sellers using the platform of Amazon for selling their products are verified to be genuine sellers by the platform. “In such circumstances, if a seller indulges in some deficiency in service or unfair trade practice, the platform is also equally liable and cannot escape from its accountability, though it is free to avail its legal remedy against such a seller in the competent court of law. Hence, the defence of Amazon is nothing but a feeble attempt to evade liability and pass on the buck at the shoulders of K.D. Nutra Enterprises, which amounts to deficiency in service and unfair trade practice on its part,” the commission observed.

It directed Amazon.in to refund Rs 7,850 at 9 per cent interest from September 21, 2020, and pay Rs 5,000 as compensation.