| Name of Complainant | |
| Date of Complaint | February 26, 2024 |
| Name(s) of companies complained against | Amazon.in |
| Category of complaint | E-Com & Retail |
| Permanent link of complaint | Right click to copy link |
| Share your complaint on social media for wider reach | |
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From Consumer court NEW not sharma/nokia
Mr.Suren Sundararajan
Amazon.in customer
(my email big01mac01@gmail.com)
(aadhar xxxx xxxx xxxx8519
Coimbatore, Tamilnadu
641015
26th Feb., 2024
To
The Presiding Magistrate/Judge
https://consumercomplaintscourt.com/
Sir/Madam,
Ref.: Class Action Law Suit by CBI/Vigilance Departments
My friend purchased a renewed mobile costing less than Rs10,000/- from ‘a large online ecommerce website’ (who I will neither confirm nor deny is Amazon.in, due to reasons that I will explain later, hereafter referred to as ‘the large website’) This item was manufactured by ‘a large multi billion dollar foreign company’, (hereafter referred to as ‘the giant’) and I have not named here.
This mobile was listed by ‘an online seller’ (hereafter referred to as ‘the seller’) from north india as ‘under seller warranty’ There was no mention on the item page of any connection whatsoever of ‘the seller’ with ‘the giant’.
My friend was not aware of the ecomerce law and service standards of ‘the large ecommerce website'(s) as is the case of many ‘young upcoming professionals’ and students.
After he shared photos of the packaging and documents with me, I discovered that he had received the parcel without a packing slip(pslip) that should have listed the IMEI number in relevant space under mobile model description. If I am not wrong, for NEW mobiles, these ‘large websites’ usually specify the IMEI number on the hardcopy of invoice inside the parcel.
I have posted the details of this case here due to my earlier experience with Amazon.in that I will elaborate. I explained to my friend that the last time I bought a renewed mobile from the excellent services of Amazon.in, in 2019, I received a parcel with hard copies of :(1) order summary specifying the IMEI number under ‘serial number’ (the relevant space) (2) packing slip AKA pslip with the IMEI number under the mobile description (the relevant space) (3) the invoice with four random digits in the relevant space for IMEI number (these are perhaps an Amazon.in internal reference code/encryption id number that the customer cannot verify as genuine) I learnt about CEIR (Central Equipment Identity Register) aervice only last week, so I ran KYM test on each SIM of my friend’s dual SIM mobile but, no warnings or ‘black list’ messages appear, it describes the model correctly as manufactured by ‘the Giant’.
I have not named the involved parties here since my friend does not wish to allow defendants if found guilty to evade prosecution using a loophole in the law such as ‘double jeapardy’ in the West (offenders cannot be prosecuted for the same offence twice), so if the case comes to trial in this court, then my friend will lose the ability to prosecute in a class action lawsuit that i will explain next.
I suspect that the ‘modus operandi’ of companies such as ‘the giant’ and their accomplices is to deliver mobiles without IMEI AKA serial number in the space provided : mobiles with origin that are reported by their accomplice/agents in an FIR to be stolen or lost and use the excuse that the possessor of the ‘genuine bill of sale’ has conveniently only recently learnt about the provisions of the new Central Equipment Identity Service (CEIR) that requires the original bill of sale/proof of purchase and not immediately filing FIR (‘did not know’) at nearest police station where the mobile was stolen or lost, perhaps months or a year or two after the customer purchased his/her mobile :a ‘sword of Damocles’ uncertainty hanging over the head of the customers, at the mercy of companies such as ‘the giant’.
The ulterior motive behind this is to reduce the service life of the supplied mobiles/equipment from the usual 5 to 7 years by careful users to 2 years or less, forcing customers to buy a new mobile. In an alternate ‘alibi’ ‘the seller’ and ‘the giant’ can claim that contents of the package were stolen by the deliverymen and replaced with ‘stolen items’ saying ‘oh, the customer is accomplice to theft, has received a tampered parcel but, has started to use the stolen item even after the deliverymen also stole the the packing slip (pslip) that we placed in the package having the genuine IMEI number’.
It’s beyond the scope of the average individual to take large companies such as ‘the giant’ or their accomplices to court so I herewith beg this court to discuss with vigilance/CBI to open a class action law suit so that my friend can participate with many others in the same situation in legal action against the defendants.
I also beg this court to discuss with senior members of the legal fraternity to hold a press release with the PTI discussing the violations of ecommerce law that the situation I have described and where online or in court my friend can participate in this class action law suit. i also request that few other details such as (1) a time limit during which the defendents must respond avoiding days, weeks of delay,
(2) can my friend insert his SIM card and continue to use his new ‘the giant’ model mobile?
(3) whether the plaintiffs should retain the original packagings so that police foresnsics can record evidence such as fingerprints, DNA etc. so repeat offenders of this crime may be detected and escalation to even murder of customers is avoided in cases of extremely valuable high end mobile devices.
(4) which party is at fault for NOT entering the IMEI number on the pslip and printable order summary, is it the ‘large website’ or is it ‘the seller’?
(5) Can this court (after provision of proof of date of delivery by screenshot tracking history) declare the ’10 day return window’ as void on grounds of the defendent parties (‘the large website’ and ‘the seller’) ‘non performance’ of providing complete documentation along with the consignment also, can this court award my friend a revised return window that will commence only after the defendants provide the promised update of pslip?
(6) Any other valuable suggestions so my friend can procure a genuine bill of sale.
My friend has made numerous call backs and discussions with ‘the large website’ support services for the past 15 plus days but, not received clear written response, but they promise to update the pslip ‘within a day or two’. My friend has had NO COMMUNICATION with ‘the seller’ either by telephone or by messaging(whatsapp, email, SMS) This uncertainty has caused much distress to my friend’s family and him, tor the past 15 plus days. My friend does not want to become used to his new mobile only to find out suddenly, one fine day that CEIR have deactivated his IMEI number. He faces much difficulty with his money tied up in this new mobile being unable to operate BHIM UPI, services such as Ola Taxi, banking apps, WhatsApp, with his SIM card currently removed from his new ‘the giant’ model phone.
Thanking you, while begging your prompt action and response,
Yours truly,
(SUREN SUNDARARAJAN)
Image Uploaded by Suren Sundararajan: