Amazon India fined Rs 28K after it fails to deliver TV to Hyd customer

09:05 AM Jan 04, 2023 | Nimisha S Pradeep

Hyderabad: The Hyderabad District Consumer Disputes Redressal Commission has directed Amazon India to pay Rs. 28,290 to a Hyderabad customer after it failed to deliver a product to a customer.

The Commission said Amazon India should refund Rs. 8,290 (the cost of the product) and Rs. 10,000 towards compensation and damages and Rs. 10,000 towards the cost of litigation.

Amazon India has been asked to comply with the order within 45 days.

Where's the TV?

Syed Imran, a resident of Yakutpura, ordered an LED Smart TV on 6 August 2020 through Amazon India and paid Rs. 8,290 for it. The product was to be delivered on 25 August but it was not delivered on that date. After multiple calls and emails, Amazon India said the TV would be delivered on 16 September 2020.

Further, Syed sent an email to the courier company inquiring about the status of the shipment. The courier company said the shipment was not handed over to them by the merchant and directed Syed to contact the merchant, i.e., Amazon India.

Syed had not got the TV till 29 October 2020. Aggrieved, he filed a complaint against Amazon India at the District Consumer Redressal Commission.

Commission's order

The Commission observed that during the course of the proceedings, Amazon India neither submitted any representation nor their written version.

"It is amply evident from the communication of the opposite parties (Amazon India) sent to the complainant that they failed to deliver the item ordered by the complainant even till 29 September 2020, which not only amounts to deficiency of service but breach of trust on their part. It is also pertinent to mention that the opposite parties initially failed to appear before this Commission despite service of notices but filed a vakalat belatedly on 4 August 2022 and thereafter, there is neither any representation on their behalf nor did they file their written version till the conclusion of the proceedings on 16 November 2022, despite there being specific directions by the state commission to the opposite parties to appear and file their written version," said the Commission.

Further, the Commission said, "The opposite parties failed to participate in the proceedings despite being given an opportunity and chose to remain absent throughout the proceedings. Hence, in the absence of any rebuttal from the other side, based on the evidence provided by the complainant, this Commission is of the considered opinion that the opposite parties failed to deliver the product ordered by the complainant, despite the payment of an amount of Rs. 8290…which amounts to deficiency of service and breach of contract on the part of the opposite parties."