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Failure To Refund Pre-Paid Amount Despite Order Cancellation: Cooch Behar Consumer Commission Holds Amazon India Liable, Orders Refund And Compensation
Apoorva Pandita
25 Nov 2023 2:00 PM GMT
The Cooch Behar District Consumer Disputes Redressal Commission presided by Mrs. Rumpa Mandal along with Mr. Subhas Chandra Guin as member allowed a consumer complaint against Amazon India. The dispute was regarding a purchase made through Amazon for 30 items of Daffodils Mosquito Bug Bird Net Transparent White Barriers by the complainants. Despite payment of Rs. 17,970/- in advance,...
The Cooch Behar District Consumer Disputes Redressal Commission presided by Mrs. Rumpa Mandal along with Mr. Subhas Chandra Guin as member allowed a consumer complaint against Amazon India. The dispute was regarding a purchase made through Amazon for 30 items of Daffodils Mosquito Bug Bird Net Transparent White Barriers by the complainants. Despite payment of Rs. 17,970/- in advance, only one item was delivered, prompting cancellation and return of the order. Upon cancellation and return of the order following the prescribed procedure, the complainants did not receive the refund of the prepaid amount.
Holding Amazon India (Opposite Party) accountable for unfair trade practices and service deficiencies, the Commission directed them to refund the entire prepaid amount of Rs. 17,970/- and compensate the complainants with Rs. 1,00,000/- for mental distress and business loss, along with Rs. 10,000/- as litigation costs.
Brief Facts
Mr. Ashok Das and Mrs. Dali Chouhan (Complainants) placed an order for "30 Daffodils Mosquito Bug Bird Net Transparent White Barriers" from Amazon on 23rd November 2021, paying Rs. 17,970/- in advance via a Bajaj EMI card. Despite the prepayment, they only received one item out of the 30 ordered. Disappointed, they canceled the entire order through Amazon's platform on 29th November 2021 and promptly returned the one received item as per Amazon's instructions on 8th December 2021.
Even after sending notices to Amazon and Shiv Enterprises (Opposite Parties), they did not get their refund. Bajaj Fiserv deducted three EMIs from Mrs. Chouhan's bank account, causing significant loss. Consequently, they filed a consumer complaint seeking a refund and compensation for their losses.
Observations of the Commission
Since Amazon India failed to respond within the given timeframe, the Commission proceeded ex parte. They noted Amazon's failure to refund the prepaid amount despite canceling the order and returning the item as instructed. As a result, the Commission held them liable for deficiency in service and unfair trade practices, directing Amazon India to refund the full prepaid amount of Rs.17,970/- with 6% interest from the payment date. Additionally, they were directed to compensate the complainants with Rs. 1,00,000/- for distress, business loss, and goodwill damage, along with Rs. 10,000 as litigation costs. Amazon was given 30 days to comply with this order, failing which interest at 6% per annum would be charged on the entire amount until it was paid.
Case Title: Sri Ashok Das vs. Senior Vice President, Amazon.In, Amazon India
Counsel for Complainants: Sri Ashok Das, In person for Complainant 1
Counsel for Amazon: Nil
