Received ‘wrong-colour’ shoes, refund comes after ‘129 days’, Kerala woman wins Rs 4,000

A Kerala consumer commission was hearing the complaint filed by a woman who ordered grey coloured Allen Cooper safety shoes but received in the wrong colour.

Amazon refund Allen Cooper safety shoesThe commission noted that the e-commerce platform refunded the cost of the shoes only after receiving a legal notice from the woman. (AI-generated image)

A Kerala consumer commission has found Amazon Seller, an e-commerce platform, deficient in service for delaying the refund to a customer who allegedly received Allen Cooper safety shoes in the wrong colour. Although the online platform refunded the Rs 2,056 purchase price after receiving a legal notice, the commission directed it to pay Rs 4,000 for the inconvenience caused to the customer.

President D B Binu, along with members Ramachandran V and Sreevidhia T N of Ernakulam district, was hearing the complaint filed by Nayanthara V J, who ordered grey Allen Cooper safety shoes in September 2023.

“The only deficiency proved from the part of the opposite party (Amazon) is that a slight delay occurred from the part of the opposite party to pick the product as scheduled and the refund was processed after sending a lawyer notice to the opposite party,” the July 6 order read. 

Refund after 129 days of return request

The woman claimed that she ordered grey Allen Cooper safety shoes worth Rs 2,056 on September 11, 2023, from the e-commerce platform. She added she received the same shoes but in a different colour and requested their return on September 22, 2023, within the 10-day return window prescribed under Amazon’s policy.

She pointed out that the pickup address was her husband’s office, and the return pickup was scheduled for September 24, 2023. Since the date fell on a Sunday, she allegedly contacted the e-commerce platform’s executive and requested that the pickup be rescheduled because the office remained closed on Sundays. However, she claimed the online platform did not make a second pickup attempt.

She alleged that when she approached the company’s customer executive, the complainant was informed to wait until September 29, 2023, for resolution. After that date, however, she allegedly did not receive any response from them and was informed that there was no further refund/return for the shoes. 

Later, she sent a legal notice through her lawyer, following which the online platform refunded the amount on January 31, 2024. She argued that the online platform refunded the amount 129 days after she initiated the return request, whereas its refund policy stated that refunds were to be processed within five working days.

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The woman was represented by advocate Kailesh T Gopi along with others in the matter, who argued that the delay was a violation of her consumer rights as per the Consumer Protection Act, 2019. 

‘Delay in processing refund’

The commission noted that the shoes were delivered to the complainant on September 11, 2023, and the lawyer notice was sent to the online platform on October 5, 2023, within a month from the date of invoice. 

“The delay occurred on the part of the opposite party (Amazon) because the opposite party had not picked up the product within 10 days. The only deficiency proved on the part of the opposite party is the delay occurred in processing the refund of the product,” it added. 

The commission directed the e-commerce platform to pay an amount of Rs 2000 to the complainant as compensation for the inconvenience caused by the e-commerce marketplace. The company was also directed to pay Rs 2,000 as cost of the proceedings to the complainant within 45 days. 

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Amazon’s defence

The counsel for Amazon, advocate S Shiv Shankar, argued that the seller, Clicktech Retail Pvt Ltd, had not been impleaded as a party to the proceedings. It was submitted that the payment for the shoes was made to the independent third-party seller and that the woman had not produced any evidence or photographs showing that the product received was of a different colour.

It was further submitted that the pickup had been scheduled for September 24, 2023, but could not be completed because the delivery address was an office that remained closed on Sundays.

The counsel submitted that the failure of the return pickup is solely due to her unavailability and not due to any conduct of the company.  The counsel also pointed out that upon receipt of the legal notice on December 15, 2023, the company initiated internal verification and processed the refund as a goodwill gesture on January 30, 2024. 

It was also added that the woman had not produced any document or evidence to substantiate the claim of mental agony, harassment or loss, and the claim for compensation of Rs 15000 is baseless.

Richa Sahay is a Legal Correspondent for The Indian Express (Digital), where she focuses on simplifying the complexities of the Indian judicial system. A law postgraduate, she leverages her advanced legal education to bridge the gap between technical court rulings and public understanding, ensuring that readers stay informed about the rapidly evolving legal landscape. Expertise Advanced Legal Education: As a law postgraduate, Richa possesses the academic depth required to interpret intricate statutes and constitutional nuances. Her background allows her to provide more than just summaries; she offers context-driven analysis of how legal changes impact the average citizen. Specialized Beat: She operates at the intersection of law and public policy, focusing on: Judicial Updates: Providing timely reports on orders from the Supreme Court of India and various High Courts. Legal Simplification: Translating dense "legalese" into accessible, engaging narratives without sacrificing factual accuracy. Legislative Changes: Monitoring new bills, amendments, and regulatory shifts that shape Indian society. ... Read More

 

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