Jalandhar, March 23
The District Consumer Disputes Redressal Commission directed e-commerce giant Amazon and Cloudtail Pvt Ltd to refund Rs 64,999 (price of an LED tv) and directed it to pay a compensation of Rs 15,000 for unfair trade practices.
Dr Ajaydeep Singh, a resident of Defence Colony, approached the commission after Amazon and Cloudtail failed to refund the amount of the LED despite repeated complaints.
In the complaint, Singh said he ordered a 43-inch Sony Bravia TV from Amazon on September 30, 2019 for Rs 64,999. He said the LED he received was not in accordance with the ordered specifications and turned out to be 38-inch only. Besides, the LED was to be delivered with free OAKTER Smart Home Kit offer, which was to be delivered free of cost, but he never received that.
He said despite having complained to Amazon that he hasn’t received a 43-inch LED, and had initiated a return request, but he didn’t get any resolution from its customer care and delivery teams.
“Being unsatisfied with the mischief played by both Amazon and Cloudtail, I asked for replacement of the LED immediately at the time of delivery. I called the customer care helpline number of Amazon, at the time of delivery, and asked them to take back their product. But Amazon executives refused to take back the LED. This was a clear violation of Amazon’s promise of a free open box delivery policy, which according to Amazon website is a policy in which Open Box Inspection is a delivery service, wherein, the delivery associate will open the purchased item for your inspection at the time of the delivery to ensure you receive what you have ordered,” said Ajaydeep.
He added that after receiving no response from both the parties, he was forced to take a legal action and filed a complaint in the consumer forum.
Meanwhile, Amazon in its reply claimed that any liability arising out of the wrong product was that of the seller of the product. It said that the complainant was not its consumer, thus, it did not have the locus standi to file the complaint, while Cloudtail, in its reply said that free product was offered on website and complainant was to select in order to avail the same. It said that the complainant did not select the offer at the time of check out on the website, thus, it was not delivered to him.
About receiving a 38-inch LED, Cloudtail said, “The complainant has used the product. Therefore, it cannot be replaced nor the amount can be refunded as it is the fault of the complainant and not of the opposite parties.”
After hearing the arguments, the commission noted that the complainant had been cheated by both the parties. Besides, despite repeated mails and calls at the customer care, it failed to resolve the issue. Thus, it amounts to deficiency in service. Therefore, it directed both Amazon and Cloudtail to refund the amount of LED i.e., Rs 64,999 with six per cent interest from the date of purchase to the complainant along with Rs 15,000 as compensation.
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