Consumer court pulls up Amazon for delivering wrong item and refusing refund, suggests videographing future deliveries

A District Consumer Disputes Redressal Commission in Delhi has slapped e-commerce behemoth Amazon and a laptop seller, Appario Retail, with a fine, ordering them to refund and compensate a consumer after an online order went spectacularly wrong.

The customer, Harjas Singh Sodhi, had ordered an HP Pavilion Laptop but was instead delivered an obsolete IBM Think Pad. After the laptop was returned, Amazon's customer care refused the refund of ₹61,990, citing the customer's alleged return of a "different item" and claiming his number of refunds "exceeded the expectation and is in violation of its ‘Use Policy.'"

The consumer forum, presided over by President SS Malhotra and Member Ravi Kumar, squarely rejected Amazon's rationale, calling its defense "vague."

The commission stated, “This plea of OP1 [Amazon], according to the Commission, is an afterthought to escape the liability of refunding the amount as OP1 has not provided any details as to how many number of refunds were there in the account of the Complainant and what was their expectation which got exceeded and what is the ‘Use Policy’ OP1 is relying on and all these terms which are too vague to be considered and appears to be a mere hearsay and therefore cannot be appreciated. Therefore, the deficiency in service on the part of OP1 is apparent in the case.”

The Bench underscored the duty of online platforms:

“It is the duty of the online platform which is offering such services to ensure that correct product is delivered by the seller who is having business to business contract with them. Whatever product is displayed at the online platform should be provided when ordered which has not happened in this case,”

The court held both Amazon and Appario jointly liable, observing the seller was "deficient in service in sending a different product that too an obsolete one."

In a forward-looking suggestion, the commission also proposed that online shopping platforms adopt a protocol to prevent such disputes, “There should be a system in place by online sellers/platforms that photographs / video of receiving and opening of the packet is taken by their representative/ rider /delivery person to keep record of what is being delivered which will avoid many complaints in future,” the order stated.

Amazon and Appario must now refund the ₹61,990 with 9% interest per annum, plus an additional ₹10,000 for mental agony and harassment, and ₹7,500 for litigation costs.

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