The District Consumer Disputes Redressal Commission in Chandigarh has directed Amazon Services and one of its vendors, Khandelwal Enterprises, to refund Rs 11,875 and Rs 5,000 to a resident of Kalka for wrongly distributing muscle gainer instead of whey protein.
Gurmeet, a resident of Kalka, Haryana, alleged that on March 4, 2023, he placed an online order for ‘Muscle Tech NitroTech 100 Percent Whey Gold Protein Powder Whey Isolate Primary Protein Source Support and Recovery Vegetarian Double Rich’. Chocolate- 4 kg’ (product) Rs 11,875 from Amazon Services Seller Private Limited. However, the complainant said that on March 10, 2023, the wrong and expired goods were delivered to him and he paid Rs 11,875 to the delivery partner.
Gurumeet said that he took a personal loan of Rs 10,000 from Hero Fincorp Limited as he was a student. The complainant said that after receiving the product, he had ordered a product weighing 4 kg, but the product received was less than 4 kg, so he felt that something was wrong.
Gurmeet then decided to record video footage while unboxing the product. Gurmeet said, “I was surprised to find the product sent to me by the Amazon seller and the MRP of 2 kg ‘Muscleblaze Supergainer XXL (High Calorie Gainer)’ by Khandelwal Enterprises (seller) was Rs 2,200.
“I immediately raised my complaints with Amazon through various emails along with unboxing videos and photos, but the Amazon customer care center refused to entertain my complaints and refused to provide any refund/replacement,” the complainant alleged.
Amazon Services Seller Private Limited has submitted in reply that the complainant placed an order on March 4, 2023 from an independent third-party seller for `11,874.05 for ‘Muscletech Nitrotech 100% Whey Gold Protein Powder’, which was issued by the seller. (Khandelwal Enterprises) and not by them cannot be held responsible for service shortfalls as it only operates and manages an e-commerce marketplace where millions of third-party sellers and buyers interact and conduct their transactions. Also, it was noted that all payments are made directly by such buyers to independent third-party sellers and Amazon’s answering services have no role in it.
Khandelwal Enterprises, New Delhi, despite giving notice, did not appear before the Commission, thus ex parte action was taken on May 24, 2024.
Hearing the arguments and documents and evidence on record, the commission said, “One thing is proved on record that the Amazon service seller and Khandelwal Enterprises distributed wrong and expired product with MRP of Rs 2,200 instead of the product, which was different from the product. The wrongly delivered product, costing Rs 11,875, was accepted by Amazon Services through its agent and till date it is admitted by the opposite parties that neither the wrongly delivered product has been replaced nor the cost of the subject product has been refunded.”
Thus allowing the petition, the Commission directed Amazon Services Seller, Bangalore, and Khandelwal Enterprises, New Delhi to refund Rs 11,875 to the complainant with interest at 9 per cent per annum (simple) till March 10, 2023. subsequent payment and to pay a lump sum of Rs.5,000 as compensation to the complainant. towards mental anguish and harassment and costs of litigation.