3 weeks ago
Himachal consumer forum orders Amazon mattress refund, Rs 19,000 payout
A man named Shubham Patial bought a mattress over the internet.
He paid for it before it was delivered.
The mattress never arrived, so his order was cancelled.
The company promised to give his money back.
Many months passed and he still did not get his money.
So he asked a special court, called a consumer forum, for help.
The forum said the online store had treated him unfairly.
It told the store to pay back his money plus extra interest.
It also made the store pay extra money as a penalty and to cover his costs.
The delivery company did not have to pay because it did not handle the money.
The District Consumer Disputes Redressal Commission at Kangra ordered Amazon to refund Rs 8,819.10 with 9% annual interest to Shubham Patial for a cancelled, unrefunded mattress order.
Amazon was also directed to pay Rs 5,000 in compensation and Rs 5,000 in litigation costs, bringing the total payout to about Rs 19,000 plus interest.
Patial prepaid the order on September 26, 2024, for a Wakefit 'Shape Sense Orthopedic Classic' mattress priced at Rs 9,799; he paid Rs 8,819.10 after a Rs 979.90 bank discount.
The commission held Amazon's failure to process the refund to be a 'deficiency in service and an unfair trade practice'; Amazon did not appear and was proceeded against ex parte.
Delhivery was cleared of liability after showing it returned the consignment to the sender on October 16, 2024, as refund management was not its responsibility.
- Who
- Shubham Patial of Kangra filed the complaint; the District Consumer Disputes Redressal Commission at Kangra, Dharamshala (President Hemanshu Mishra, members Arti Sood and Narayan Thakur) ruled against Amazon Seller Services Pvt Ltd.
- What
- The commission ordered Amazon to refund Rs 8,819.10 with 9% interest and pay Rs 10,000 in compensation and litigation costs for failing to process a refund on a cancelled prepaid mattress order.
- Where
- Kangra, Dharamshala, Himachal Pradesh, India.
- When
- The mattress was ordered on September 26, 2024, cancelled on October 7, 2024, and the verdict was delivered on August 3, nearly 10 months after the order.
- Why
- Amazon's failure to process the refund after the order was cancelled and the mattress returned was held to be a deficiency in service and an unfair trade practice.
Consumer Protection View
Company Responsibility View
Who owes the refund
Consumer Protection View
The seller must refund a cancelled, prepaid order once the goods are returned; failure to do so constitutes a deficiency in service and an unfair trade practice.
Company Responsibility View
Refund management is the marketplace's and seller's responsibility; a logistics firm with no direct agreement with the customer should not be held liable for it.
Why delivery failed
Consumer Protection View
The shipment was not delivered on time, and Patial was repeatedly delayed with various reasons before being asked to share a code or OTP for cancellation.
Company Responsibility View
Delhivery attempted delivery on October 1, 2024, but it could not be completed, and the physical consignment was safely returned to the sender on October 16.
Key facts
- Complainant
- Shubham Patial, Kangra
- Respondents
- Amazon Seller Services Pvt Ltd; Delhivery Company Pvt Ltd
- Product
- Wakefit 'Shape Sense Orthopedic Classic' mattress
- Amount paid
- Rs 8,819.10 (after Rs 979.90 bank discount on Rs 9,799 price)
- Order date
- September 26, 2024
- Cancellation and return
- Cancelled October 7, 2024; consignment returned to sender October 16, 2024
- Refund ordered
- Rs 8,819.10 with 9% annual interest from February 24, 2025
- Compensation and costs
- Rs 5,000 compensation + Rs 5,000 litigation costs
Quotes
District Consumer Disputes Redressal Commission
Commission judge at Kangra, Dharamshala
“"The failure of opposite party number 1 (Amazon Seller Services) to process the refund for an unfulfilled and returned order constitutes a clear deficiency in service and an unfair trade practice."”
indianexpress.com
Sources
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