THE CHANDIGARH Consumer Forum directed a shopping website and a private seller to pay Rs 29,930 refund and Rs 5,000 litigation cost for delivering another brand watch instead of the Apple Watch as ordered by customer.
Amandeep Upveja of Kharar in his complaint had stated that he had ordered an ‘Apple Watch Sport 42mm Space Gray Aluminum’ on Amazon on November 23, 2016, which he planned to gift his uncle Vaneet Narula and had paid Rs 29,930 for it. But when it was delivered to Narula, he found that a smart watch of different company has been sent. Upveja informed Amazon customer support , of this, but despite their assurance to pick it up, they did not turn up and ultimately, the complainants sent the product back to them which was delivered to the company.
Further, despite receiving the product back, Amazon did not refund the amount, following which the Upveja filed a formal complaint at the Consumer Forum.
The Amazon Seller Service Private Limited replied stating the complainant had not bought the goods directly from them nor had the complainant paid any amount/consideration to them for the purchased product and that the goods had been bought by the complainant from an independent third party seller selling its product on the website operated by them and that the complainant wanted to return the product after he did not find it matching the specifications and thus contacted the Amazon customer support and so pickup was scheduled and therefore a return pick up was done three times, but every time the pickup was refused by the customer. The complainant then self-returned the product and he was also paid the return shipping charges of Rs 530.
Meanwhile, Vinay Associates, the seller, did not turn up despite notice sent from the Forum and returned back with remarks ‘refusal’, hence it was proceeded ex-parte. After going by the evidences and facts in the case, the Forum observed that the conduct of Vinay Associates in refusing the notice of the Forum is flagrant abuse of the dominating crusade of the traders, who sell their product by befooling the public by projecting false promises in the shape of concession, quick delivery and viable products.
Meanwhile, the contention raised by Amazon justifying forfeiture of the amount of the complainant on the ground of returning of the item is frivolous. The Forum observed in the order released on October 9, that Amazon cannot be permitted complete immunity from such unfair trade practices, as in the present case, wherein the complainant, who is bona-fide innocent buyer of a product, has been cheated by the seller by delivery of a wrong item and also refusing refund of amount.
The Forum thus held Amazon and private seller Vinay Associates guilty of deficiency in service and directed both of them to refund an amount of Rs 29,930 to the complainant with interest at 9 percent per annum from November 23, 2016 along with litigation cost of Rs 5,000.