Jalandhar, January 4
There was a specification issue in the laptop, which despite repeated requests by the complainant was never resolved by the opposite party stating this, the District Consumer Disputes Redressal Commission, Jalandhar, not only directed Amazon to replace the laptop, but also directed it to pay a compensation of Rs 5,000 for deficiency in service and unfair trade practices.
Vijay Sharma, Principal of Mehar Chand Technical Institute, approached the commission after Amazon failed to replace the laptop despite repeated requests and inspection formalities.
In the complaint, Sharma said he ordered an Acer nitro7 laptop from Amazon on December 22, 2019 for Rs 75,999, and paid the amount online via debit card. He said the laptop he received was not in accordance with the ordered specifications.
He said despite having complained to Amazon, he didn’t get any resolution from its customer care and technical team.
“The customer care team initially tried to convince me that the laptop was as per ordered specifications but when I called them repeatedly, an inspection by their engineer was carried out, who found that the received laptop did not have 144Hz refresh rate”, he said, adding that even after that the company had not replaced the laptop, and instead offered a refund which he refused since he purchased it during sale period.
He said after receiving no response from the company, he filed a complaint in the consumer forum.
Meanwhile, Amazon in its reply to the commission said 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.
After hearing the arguments, the commission noted that the complainant had booked the order through Amazon, and even the payment was received by it. Besides, despite repeated mails and calls at the customer care, it failed to resolve the issue. Thus, it amounts to deficiency in service and unfair trade practice on its part. Therefore, it is directed to provide the laptop of 144Hz specification with the same model and same price to the complainant as promised on the website while placing the order without any hassle or extra cost within 45 days. It also directed the company to pay Rs 5,000 compensation and Rs 3,000 as litigation charges to the complainant for causing mental tension and harassment.
Amounts to deficiency in service
The District Consumer Disputes Redressal Commission noted that the complainant had booked the order through Amazon, and even the payment was received by it. Besides, despite repeated mails and calls at the customer care, it failed to resolve the issue. Thus, it amounts to deficiency in service and unfair trade practice on its part.
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