A district consumer dispute resolution commission in Delhi has fined Amazon India and Apario Retail Rs 61,990, along with 9% interest, for sending a customer the wrong item and not refunding him despite taking the item back. The two companies must also pay Rs 10,000 for mental agony and harassment caused to the customer, and Rs 7,500 towards litigation costs.
“It is the duty of the online platform which is offering such services to ensure that the 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 commission noted.
The district dispute resolution commission also mentioned that platforms should have a system in place where the delivery person takes a picture or video after the customer opens the product. In this case, the commission noted that the delivery agent never asked the customer to open the package in his presence.
What happened?
This comes as part of a complaint filed by a customer, stating that he ordered an HP Pavilion laptop for Rs 61,990 in December 2023. However, when the item arrived, it was an obsolete IBM ThinkPad. The customer followed the required steps, taking pictures of the item as necessary, and raised the issue with Amazon’s customer service team. While the team assured him that they had initiated the refund process and a delivery agent picked up the ThinkPad from his house in January 2024, the company refused to process the refund.
Amazon informed the customer that the item he had returned was different from what they had sent. They also mentioned that the number of refunds in the customer’s account exceeded their “use policy.” Despite follow-ups with both Amazon and the seller (Apario Retail), the issue remained unresolved, prompting the customer to urge the commission to direct Amazon to issue a refund, pay litigation fees, and compensate for mental agony, reputation loss, and undue hardship.
How did Amazon and Apario Retail respond?
In response to the complaint, Apario Retail said it was not aware of the contract between Amazon and the customer, adding that the customer had booked the item directly from Amazon’s site. It emphasised that it had no dealings with the customer and did not charge any service fee, directly or through Amazon. Apario Retail also highlighted its reputation and shared details of positive reviews from other customers.
The customer submitted documents including the product invoice, bank statements for EMI deductions, and email exchanges with Amazon. While the commission allowed Apario Retail to submit evidence, it did not do so. Amazon, on the other hand, filed no response to the complaint.
What did the commission say?
The commission noted that Amazon had admitted through its app that its delivery agent collected the return and later updated the customer, saying the…
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