Failure To Deliver Dining Set And Refund Amount, Shimla District Commission Holds Amazon India Liable, Awards Costs And Compensation

The District Consumer Disputes Redressal Commission, Shimla (Himachal Pradesh) bench comprising Dr Baldev Singh (President), Ms Yogita Dutta (Member) and Mr Jagdev Singh Raitka (Member) held Amazon India liable for failure to deliver a 6-seater dining set worth Rs. 17,108/-. Amazon not only failed to deliver the dining set but also failed to process the refund. Along with ordering Amazon to refund the sale amount, the District Commission ordered it to give Rs. 10,000/- as compensation and Rs. 10,000/- litigation costs to the complainant. Brief Facts: Mr. Bharat Kalta (“Complainant”), placed an order from Amazon India for a 6-seater Dining Set with a shelf for use in his homestay. The cost of this dining set amounted to Rs. 17,108/-. He made the payment through his VISA card on an EMI basis, equivalent to Rs. 1,759.08 for 12 months. Despite the promised delivery time of 15 days, the dining set did not arrive even after 25 days. The Complainant’s attempts to contact Amazon’s customer care for resolution went unanswered, leading him to send multiple emails in August 2022 expressing his grievances. Subsequently, the Complainant received a response from Amazon on September 5, 2022, mentioning their inability to deliver the dining set as promised. He requested the cancellation of his order, but Amazon did not respond to this request. The Complainant stressed that his credit card limit was exhausted due to this transaction, making him unable to make further purchases, as neither the order was honoured nor a refund was processed. He conveyed the inconvenience this caused and how he had to buy a dining table from an alternate source in Mohali, Punjab. In light of these issues, he believed Amazon’s actions constituted a deficiency in service and unfair trade practices, leading him to seek a remedy. Feeling aggrieved, the Complainant filed a consumer complaint in the District Consumer Disputes Redressal Commission, Shimla, Himachal Pradesh (“District Commission”). Amazon failed to appear in response. Thus, the District Commission ordered to proceed ex-parte. Observations by the Commission: The District Commission held that Amazon is liable for deficiency in service and unfair trade practice for failure to deliver the dining set as well as failure to refund the amount to the complainant, despite multiple requests and follow-ups. Given the absence of submission from Amazon, the District Commission considered the Complainant’s case and found his claims to be uncontested. Consequently, the District Commission ruled in favour of the Complainant, directing Amazon India to refund the full amount of Rs. 17,108/-, along with interest at 9% per annum from the date of filing the complaint. Furthermore, Amazon India was also directed to compensate the Complainant Rs. 10,000/- for the mental harassment and agony he endured throughout this ordeal, and an additional sum of Rs. 10,000/- as litigation costs. Amazon India was given 45 days to comply with this order. Case Title: Bharat Kalta vs Amazon India Case No.: CC/286/2022 Advocate for the Complainant: Shashi Bhushan Advocate for the Respondent: Ex parte Click Here To Read/Download Order

Failure To Deliver Dining Set And Refund Amount, Shimla District Commission Holds Amazon India Liable, Awards Costs And Compensation

Smita Singh

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