| Name of Complainant | |
| Date of Complaint | December 7, 2022 |
| Name(s) of companies complained against | Amazon |
| Category of complaint | Banking |
| Permanent link of complaint | Right click to copy link |
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That the complainant states that the Complainant is staying at the above- mentioned address and the Complainant is a law-pursuing student. That the Complainant was in need of a laptop for his educational purpose. Accordingly, Complainant selected a laptop of Mi Company having model Mi Notebook Ultra. The complainant states that the said laptop was purchased by him from the online marketing portal namely amazon.in as on 20/02/2022. That the complainant is filing the instant complaint for the deficiency of service coupled with gross wilful negligence on the part of the opposite party.
b.
That the opposite party is an e-commerce marketplace operated by Amazon.in; and having its registered address as mentioned above in the cause title.
2.
TRANSACTION:
a) That the complainant was searching for a laptop on Amazon.in because he needed one for educational purposes, and he was able to find one which was suitable for him and also within his price range. Accordingly, the Complainant purchased the said laptop from the online marketing portal namely Amazon and the product MI notebook ultra 3.2k was ordered by the complainant from his account on the said online marketing site. The user Id of the complainant’s Amazon account is Shivam Soni.
b) That the complainant states that the said order was accepted by amazon and the cost of the product was Rs.65,599/- ( Rupees sixty-five thousand and five hundred ninety-nine) and Appario Retail Pvt Ltd. was appointed as the seller by amazon and accordingly an invoice was raised as of 20/02/2022 bearing Invoice Number BOM7-5253797. The following are the details of the said order -:1. Order Number – 403-1327891-2463569
Invoice Number – BOM7-5253797
III. Invoice Details – MH-BOM7-1034-2122
Hereto annexed and marked as Exhibit – “A” are the copies of the
said Invoice and receipt.
c) That the complainant states that on 21/02/2022 he received a message from Amazon regarding the delivery of the said product and accordingly he received the parcel at around 10.30 pm. The complainant submits that the said delivery person was not ready to deliver the parcel at complainant’s house and he called the complainant on the nearby location for collecting the parcel. The complainant further submits that he felt the delivery boy suspicious as he was in a hurry and he got the OTP from the complainant, handed over the parcel to the Complainant and left the place. The Complainant submits that he thought that as it was late so the person may be in hurry and so he received the parcel from the delivery person and returned home.
d) The complainant submits that, as he felt suspicion about the delivery boy, he decided to make a video on his mobile phone while opening the box of the said parcel. The complainant submits that when he opened the box he was shocked to see that the package he received did not contain any laptop, but had 2 diaries in it. The complainant was shocked and he called the delivery person but the person was repeatedly disconnecting the call of the complainant. The complainant came to know that he has been cheated and so he called the customer call centre of Amazon and informed them the whole incident. The complainant submits that his complaint was registered by the customer care centre and accordingly it was said from the other side that a ticket is raised regarding the fraud that happened with complainant and the Amazon will look in the matter and promised that either the whole amount will be refunded to complainant or amazon will send him the laptop which he had 5/17 paid for. The complainant states that he has captured the opening of the parcel on video, in which it is evident that there was no laptop inside and the same Hereto annexed and marked as Exhibit – “B”, 65B certificate and the video recording of the parcel and photos.
e) My client states that on 22/02/2022 my client again called the
customer care service of Amazon to take the follow up of previous day’s complaint and he was shocked when he came to know that his complaint was not registered on the earlier day and no issue has been raised regarding the fraud that happened with the Complainant. Hence the complainant again narrated the whole incident to the customer care service provider and a complaint was registered regarding the fraud and at that time the customer care agent assured that the issue will be investigated and thereafter they will contact the complainant regarding the solution.
f) The Complainant further states that on the same day he sent a mail to the Amazon regarding the incident and to that he received reply from the Amazon on 25th February, 2022 wherein it was stated by the Amazon that the problems like this occurs and the amazon will refund or replace the said product. The copy of the same has been annexed herewith and marked as Exh C
g) The Complainant states that, after 3 days as there was no response from the Amazon, and hence the complainant called customer care again and at that time he was informed that the company has denied giving any refund or the laptop. My client was shocked by hearing this as he had bought the laptop on a credit card and now he had to pay the instalments for the laptop which
he never received.
h) The Complainant state that he approached consumer forum regarding the said fraud 6/17 complaint dated 23.02.2022 with the forum bearing number 3307486. With reference to the said complaint the Amazon denied giving refund or the laptop as their contention was that as per their investigation the product was intact and also the Amazon denied taking responsibility of their delivery service partner/company by stating it a third party. The copy of the said complaint and the reply of the Amazon is annexed herewith and marked as Exh “D”
i) That the complainant states that, his financial condition is not good so he purchased the laptop on an EMI basis, after receiving the parcel when he contacted the bank and explained to them the situation, they refused to stop EMI and the complainant was bound to pay the EMI despite no product was received and all the hard- earned money was wasted.
j) That the complainant states that complainant had made every approach for getting his product or the refund but ultimately it was directly stated by the Amazon through call, email and notice that you are the seller and you are liable for the fraud. Being the seller, it
is Amazon is responsible for the correct delivery of the product to complainant. Opposite party is India’s biggest online shopping platform and people of India have faith and belief on the brand so was with complainant, complainant was having faith and belief in opposite party that, opposite party will not cheat complainant, but to his utter shock opposite party defrauded him and not even returned back the money to the complainant, this kind of conduct is not expected by the brand which is one of the top brands for online shopping in India.
k) That complainant states that even after several complaints, the complainant neither received the laptop nor the money. Complainant is from a middle-class family and a student of law, the amount of money may be less in eyes of opposite party but it means a lot to the complainant.
1) That complainant states that after making multiple attempts and not seeing any action taken by the opposite party, complainant reported the situation to the national cybercrime acknowledged the complaint no 2190222001 the complaint and suggested to complain in the consumer dispute in order for justice to be served. Hereto annexed and marked as Exhibit – “E” are the copies of the said complaint.
m) Thus, complainant call upon Amazon to either send him the
Product which he had paid for or else refund the money to complainant and also compensate complainant for the mental agony that he went through due to your misconduct and fraud.
n) That the complainant states that he has issued a legal notice dated on 24/03/2022 through R.P.A.D. and was delivered to opposite party and the reply was not satisfactory and the same is denied by the complainant and therefore the present complaint is filed within the limitation.
o) The complainants submit that they are the consumers within the meaning and definition of consumer under section 2(1)(d) of the said act being the Purchasers of the services for the said laptop, from the opposite party, and craves leave to file this complaint against the opposite party who is guilty of deficiency in service, gross negligence and unfair trade practices within the meaning and definition of “deficiency” and “unfair trade practice” under section 2 (1)(g) and (r) respectively of the said act.
p) That Complainants states that if the acts of the opponents are not reprimanded, they might deceive or cheat and prevail their negligent conduct with prospective customers.
q) The Complainants have good case on merits. The balance of convenience lies in favour of the Complainants.
r) That since Complainants claim is for the maximum of 3,00,000/- (Three Lakhs Only) against the Opposite Parties, the claim amount falls within the pecuniary jurisdiction of this Hon’ble District Forum as per the provisions of the Consumer Protection Act, 2019 as amended. Therefore, this Hon’ble Forum has jurisdiction to try,
entertain and dispose off this Complaint.
S) That the Complainants submit that the Opposite Parties are guilty of deficiency of services under Consumer Protection Act, 1986 whereby the Complainants have suffered financial loss, mental and physical agony, deprivation, harassment and negligence in the hands of the Opposite Parties and thus the Complainants being aggrieved by this behaviour and conduct of the Opposite Parties have approached this Hon’ble forum.
3.
That the Complaint is being submitted along with documents as per list.
4.
JURISDICTION:
L
The Complainants state that:
a. The Complainants are residing at Chembur, Mumbai and the branch office of the opposite party is situated at Mumbai and head office at Le. within the local limits of the Mumbai and the cause of action arose at Chembur, Mumbai and therefore this Hon’ble Forum has jurisdiction under Section 11 of the said Act to entertain, hear and decide the complaint.
b. The value of the present Complaint is Rs.65,599/- (Rupees sixty five thousand and five hundred ninety nine Only), which is within the pecuniary jurisdiction of this Hon’ble Forum.
C.
The Complainants declare that the Complainants have not filed any other application / complaint before any other statutory or non-statutory authority in respect of the subject matter of the complaint.
5.
LIMITATION:
a.
That the Complainants sent the Legal Notice to the Opposite party
No.1 on 29/06/2022 and 05/07/2022 and the said party had refused to take the legal notice. Also legal notice was sent to Opposite Party no.2 on 24.03.2022 and received their reply on 13/04/2022 and second reply on 16/08/2022.
b. That this Complaint is being filed within the prescribed period of limitation of two years as mentioned in the law therefore there is no delay in filing the same.
6.
PRAYER:
The Complainants, in view of the facts of the complaint as above, humbly pray to this Hon’ble Forum, in the interest of the justice, to be pleased to grant the following prayers:-
a. To allow the Complaint.
b. To hold and declare the Opposite Parties to be guilty of the deficiency in Service and of Unfair Trade Practices in terms of the provisions of the Consumer Protection Act, 1986..
C. To direct the Opposite Parties to pay to the Complainants an amount of Rs.3,00,000/- (Rupees Three Lacs Only), towards the compensation and damages, for
i. Mental agony and depression;
ii. Committing breach of trust and misappropriating student
hard saved money
12/17 To direct the Opposite Parties to pay to the Complainants an
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