What was supposed to be a routine online purchase of vegetable seeds turned into a consumer dispute after a Sangrur resident found that packets advertised as 200 grams of onion and cauliflower seeds together weighed barely a few grams, prompting the district consumer commission to hold Amazon India liable for deficiency in service.
The district consumer disputes redressal commission, Sangrur, directed Amazon India to refund Rs 198 and pay Rs 15,000 as compensation to the man on account of mental agony, physical harassment and other expenses.
The quorum of Jot Naranjan Singh Gill, president and members Sarita Garg and Kanwaljeet Singh allowed the complaint after noting that the complainant’s evidence remained unrebutted due to the absence of the opposite parties during the proceedings.
Background
The complainant submitted that he ordered two packets of onion and cauliflower seeds, each advertised as weighing 100 grams, from Amazon’s platform for a total price of Rs 198.
It was alleged that upon delivery, the total weight of both packets together, including packaging, was only about 18 grams, far below the promised 200 grams.
The complainant further alleged that he belonged to a poor family and it was difficult for him to arrange these seeds immediately from other big cities as the seeds were not available in his city Sangrur.
He argued that due to inefficiency of the product he went into trauma and stress. Therefore, prayed for a compensation of Rs 50,000.
Amazon chose not to contest the case. With no rebuttal evidence, Sangrur Consumer Commission accepted complainant's claims backed by legal metrology verification.
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Findings
To prove the weight of the said packet, the complainant filed an application for measuring the weight of the packet of the seeds from the weights and measures department which was allowed by this commission.
According to the letter received from the said department, it is mentioned that the weight of the packet including envelope is 15 grams and without envelope the onion seeds weight is 8 grams and cauliflower seeds weight is 3 grams.
Therefore, the case of the complainant regarding the difference in weight of the packet of seeds is well supported by the letter of the office of inspector, legal metrology.
The opposite party preferred to remain ex parte and no one has come forward to contest the allegations of the complainant which otherwise appears to be genuine and supported by documentary evidence.
Therefore, we have no alternative except to believe the evidence produced by the complainant, which is un-rebutted.
The complaint is allowed and Amazon is directed to refund the price of packet of seeds, i.e., Rs 198.
It is further directed to pay Rs 15,000 as a consolidated amount of compensation on account of mental agony, physical harassment and other expenses.
However, it is made clear that the complainant shall return the disputed product of seeds to the opposite parties at the time of getting the refund of the amount.
Ashish Shaji is a Senior Sub-Editor at The Indian Express, where he specializes in legal journalism. Combining a formal education in law with years of editorial experience, Ashish provides authoritative coverage and nuanced analysis of court developments and landmark judicial decisions for a national audience.
Expertise
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