Thane District Commission Amazon seller FedEx

Thane District Commission finds Amazon, its seller, and FedEx courier responsible for failure to deliver product or issue a refund.

June 26, 2024

The District Consumer Disputes Redressal Commission in Thane, Maharashtra, presided by Dr. Richa Bansod (President), B.B. Rasal (Member), and H.M. Badgujar (Member), found Amazon, its delivery executive, the seller (KNK MPL), and FedEx Trade Networks Transport & Brokerage responsible for deficient services due to their failure to deliver the product or refund the complainant’s money.

Summary of Events:

The complainant purchased a WD Elements 2TB portable external hard drive priced at Rs. 3999/- from KNK MPL via Amazon.in. The product was dispatched by a FedEx delivery executive, with an expected delivery date of December 14, 2019. Despite assurances from Amazon’s customer service that the issue would be resolved within 48 hours, neither the product was delivered nor was the money refunded.

According to the Complainant, the incident occurred on December 6, 2019. He also filed a criminal complaint. Following this, the Complainant submitted a consumer complaint to the District Consumer Disputes Redressal Commission in Thane, Maharashtra (“District Commission”) against Amazon, the delivery executive, the Seller, and FedEx. None of these parties appeared for the proceedings before the District Commission.

The District Commission found that the Complainant substantiated the purchase of the hard disk for Rs. 3999/- with the provided invoice. It acknowledged that the Complainant’s assertion was further supported by the non-delivery of the product, prompting him to issue a legal notice and subsequently file the complaint.

The District Commission observed that despite being duly notified, Amazon, the delivery executive, the Seller, and FedEx did not appear or offer any defense. This non-appearance led the District Commission to accept the Complainant’s allegations and arguments as uncontested and therefore valid. Consequently, it held Amazon, the delivery executive, the Seller, and FedEx accountable for deficient services due to their failure to deliver the product as promised.

As a result, the District Commission instructed them collectively and individually to either deliver the WD Elements 2TB hard drive to the Complainant or refund the sum of Rs. 3999/-. Furthermore, the District Commission mandated a payment of Rs. 10,000/- to the Complainant for mental distress and Rs. 1,000/- as litigation costs.

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

Case Number: CC/183/2021

Date of Pronouncement: April 8, 2024

Posted and reproduced in Public Interest by

Adv. Sulaiman Bhimani Legal Consultant

Expert in RERA & Consumer Matters, Co-operative Scty Matters,

Deem Conveyance, Family Matters, and Property Disputes.

Human and Civil Rights Campaigner

President Citizens Justice Forum https://citizensjusticeforum.in