Thane District Commission Holds Amazon, Its Seller, FedEx Courier Liable For Failure To Deliver Product Or Refund Amount

Brief Facts:

The Complainant ordered a WD Elements 2TB portable external hard drive for Rs. 3999/- from KNK MPL (“Seller”) through Amazon.in (“Amazon”). The product was dispatched by a delivery executive through FedEx Trade Networks Transport & Brokerage (“FedEx”), but it was not delivered on the expected date of December 14, 2019. Despite assurances from Amazon's customer executive that the issue would be resolved within 48 hours, the product was neither delivered nor the money was refunded.

As per the Complainant, the cause of action arose on December 6, 2019. He also lodged a criminal complaint. Subsequently, the Complainant filed a consumer complaint in the District Consumer Disputes Redressal Commission, Thane, Maharashtra (“District Commission”) against Amazon, the delivery executive, the Seller and FedEx. Amazon, the delivery executive, the Seller and FedEx didn't appear before the District Commission for the proceedings.

Observations by the District Commission:

The District Commission held that the Complainant substantiated the purchase of the hard disk for Rs. 3999/- through the submitted invoice. It noted that the Complainant's claim was further supported by the fact that the product was not delivered, which compelled him to issue a legal notice and subsequently file the complaint.

The District Commission noted that despite being duly notified, Amazon, the delivery executive, the Seller and FedEx did not appear, nor did they present any defence. This absence led the District Commission to accept the Complainant's allegations and contentions as unchallenged and thus valid. Therefore, it held Amazon, the delivery executive the Seller and FedEx liable for deficiency in services for failure to deliver the product as promised.

Consequently, the District Commission directed them to jointly and severally, either deliver the WD Elements 2TB hard drive to the Complainant or refund the amount of Rs. 3999/-. Additionally, the District Commission ordered them to pay Rs. 10,000/- to the Complainant as compensation for mental agony and Rs. 1,000/- as litigation costs.

Case Title: Amritpal Singh Khalsa vs Amazon.in and Ors.

Case Number: CC/183/2021

Date of Pronouncement: 8th April 2024