BENGALURU: A Benglaurean who took e-commerce major Amazon to court for delivering a wrong skate scooter for his daughter and not replacing it has won the legal battle. A consumer forum has ordered the firm to deliver the right product to the customer and pay him Rs 5,000 as relief and Rs 2,000 towards court expenses.
On January 7, 2018, New Thippasandra resident Mukesh Garg, 34, ordered a two-wheeled metal folding skate scooter for his daughter on Amazon.in by paying Rs 999. The child was eagerly waiting for the toy but her excitement turned into disbelief and shock when Amazon on January 13, 2018 delivered a three-wheeled scooter of poor quality meant for younger children.
Seeing his little girl severely disappointed, the father called the Amazon helpline and reported the mix-up. Garg initially received a positive response from Amazon executives over phone, who asked him for photographs of the product. On receiving the photos via email, they promised him a refund and also a gift voucher of Rs 500 for the trouble caused to him. However, the e-commerce firm neither collected the wrong skate scooter nor delivered the right one.
On January 23, 2018, Garg lodged a complaint with the 3rd Additional Bangalore Urban District Consumer Disputes Redressal Forum against Amazon Seller Service Private Limited, demanding delivery of the right skate scooter for his daughter and suitable compensation for the mental agony caused to his family.
Garg argued his case and produced evidence, including photographs of the product and communication emails, while counsel for Amazon asserted they were not responsible for the problem. The e-commerce company argued that the portal was not involved in the sale and money transaction between the customer and seller, who was identified as Jai Matha. “We are only an intermediary providing a platform for sale of the third-party product and can’t be held liable,” the lawyer added.
Rapped for shoddy serviceIn their verdict pronounced last month, judges of the consumer forum slammed Amazon for its shoddy service and said the product displayed on its website and the one received by Garg were indeed different. They observed the e-commerce firm can’t shy away from owning its responsibility as the money from the customer was received on Amazon’s platform. While there are no documents to prove Garg dealt with the seller, there’s an email trail showing the firm accepted the wrong delivery in the initial stages, the judges said.
They ordered Amazon to take back the wrong skate scooter and deliver the right piece or refund Rs 999 with interest. The court also ordered it to pay a compensation of Rs 5,000 to Garg for the mental agony caused and an additional Rs 2,000 towards court expenses, within 30 days of the order.