Hello
@Rohithraju07
I'm sorry to hear about the difficulties you've encountered with your Amazon order and refund process. Based on your complaint regarding the delayed refund for the Drone with 4k Camera Foldable 1080P HD Drone with FPV Live Video, here are the steps you can take to seek resolution:
Legal Precedents Supporting the Complainant
While specific judgments regarding Amazon are readily available, there have been instances where consumers have successfully sought compensation for similar grievances. In cases where service providers have failed to deliver promised services, consumer forums have directed them to compensate for the losses and mental agony suffered by the complainants.
Case Highlights
Haryana - Karnal - Amazon India V/S Divyansh
The complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that on 18.05.2023, vide order no.402-0037947-0294704, the complainant had ordered one Black Pepe Jeans Men’s Straight Fit Jeans for a sum of Rs.1439/- online through Amazon App from the account of his relative Smt. Anjali. The said jeans was being sold by OP no.2 on the online platform of OP no.1. The said jeans was delivered to the complainant on 19.05.2023. After opening the package, the complainant found that the jeans was of Blue colour whereas he had ordered jeans of Black Colour and also that it was not of his size and did not fit him well. Therefore, as per the return policy of the OP, the complainant generated return request of the said jeans on the same day i.e. 19.05.2023 and that request was accepted by the OPs. On 20.05.2023, the return parcel of the aforesaid jeans was accepted and picked up from the house of the complainant by the Amazon courier/delivery executive namely Bittu after thoroughly checking the jeans. Thereafter, a message was received by the complainant that his refund will be issued within 3-5 business days from when they received the return. Complainant waited about ten days but OPs did not refund the amount. On 29.05.2023, complainant contacted the OPs on their customer care number to enquire about the refund amount of the aforesaid jeans but no satisfactory reply was given by the OPs. On 02.06.2023, the complainant contacted the OPs again. The complainant shocked to hear their reply. It was told to the complainant that he has sent back junk product i.e. stone and soap and therefore his refund will not be processed and he will not get his money back. The said allegation of OPs is totally false and frivolous. The delivery boy of the OPs had accepted the return parcel of jeans only after thoroughly examining it and after satisfying regarding the condition of the jeans. The OPs cheated the complainant by raising a false claim that the complainant had sent stones and soap only to grab the money of the complainant. Thereafter, complainant requested the OPs several times for refund of the cost of the jeans but OPs did not pay any heed to the request of complainant and flatly refused to refund the cost of the jeans. Due to this act and conduct of OPs, complainant has suffered mental pain, agony and harassment. In this way there is deficiency in service and unfair trade practice on the part of the OPs. Hence this complaint.
The complainant purchased the product for an amount of Rs.1439/-, hence, the complainant is entitled for refund of the said amount alongwith compensation for mental agony and harassment and litigation expenses, etc.
Consumer Court Case against Amazon India V/S Divyansh - Consumer Court Case against - Amazon India
consumercourt.in
Case Highlights
Delhi - North - AMAZON INDIA PVT. LTD V/S SHUBHAM TRIVEDI
Though, the complainant has failed to prove his allegations against OP-1 but at the same time the manner in which OP-1 handles the complaints/grievances cannot be ignored. As per email dated 7th October (Annexure E), the message from Customer Service states:
“We have investigated the matter with carrier.
Based on the results of our investigation, we won’t be able to provide a replacement or refund for this order at this time.”
In this message OP- 1 has relied on an investigation. In para 11, the complainant has also alleged that the said investigation was not shared with him despite request. OP-1 has not rebutted the same in their parawise reply in written statement. Based on the investigation, OP-1 has absolved the seller/logistics from their liability. OP-1 should have shared investigation report but same has not been shared despite demand. The denial cannot be based on the pretext of confidentiality; this denial deprives the complainant from transparency and accountability.OP-1 should be transparent in handling the grievances of the customers.
Order
Therefore, only for the limited purpose as discussed above we hold OP-1 deficient in services for not sharing the investigation report with the complainant, and direct OP-1 to pay Rs.7,500/- to the complainant as compensation for the said deficiency in services. The order be complied within 4 weeks from the date of receipt of this order. In case of non- compliance, OP-1 shall be liable to pay interest @ 7% p.a. on the said amount from the date of order till realization.
Consumer Court Case against AMAZON INDIA PVT. LTD V/S SHUBHAM TRIVEDI - Consumer Court Case against - AMAZON INDIA PVT. LTD
www.consumercourt.in
Steps to Resolve Your Amazon Refund Issue
1. Escalate the Issue Internally
If initial customer service interactions don't yield results:
- Ask for a Supervisor: Request to speak with a higher authority within customer service.
- Email the Grievance Officer: Contact Amazon India's Grievance Officer at grievance-officer@amazon.in, detailing your issue and previous attempts to resolve it.
2. File a Complaint with the National Consumer Helpline (NCH)
The NCH assists consumers in resolving disputes:
Register your complaint, providing all pertinent details and documentation.
Follow the above steps to strengthen your case in Consumer Forum.
3. Send a Legal Notice:
- Draft a legal notice addressing Amazon, detailing the grievances and demanding:
- Refund of the ₹2,145.
- Compensation for mental harassment and deficiency in service.
- Provide a reasonable timeframe (typically 15 days) for them to respond.
4. File a Complaint in the Consumer Forum:
- If there's no satisfactory response, lodge a complaint with the appropriate Consumer Disputes Redressal Commission.
- You can file the complaint online via the e-jagriti Platform: Ministry of Consumer Affairs, Food, and Public Distribution, Government of India claiming:
Refund Amount - ₹ 1,909.
Compensation for mental agony and financial loss - ₹ 50000/-.
Litigation charges - ₹ 15000/-
- Jurisdiction: Since the amount involved is ₹1,909, the complaint falls under the purview of the District Consumer Disputes Redressal Commission.
- Procedure:
- Prepare a detailed complaint outlining all facts, supported by relevant documents (receipts, communication records, etc.).
- Submit the complaint along with the requisite court fee (Zero in your case).
Additional Tips
- Maintain Records: Keep all correspondence, receipts, and records of communication.
- Document Everything: Note dates, times, and names of customer service representatives you've interacted with.
- Be Clear and Concise: When drafting complaints, clearly state the issue, desired resolution, and relevant details.
By following these steps, you can systematically escalate your complaint and seek a resolution. If you need assistance drafting emails or understanding the procedures, feel free to ask.
Important Tip:
Before taking legal action, it is advisable to first send a legal notice to the Opposite Party.
Note:
We can assist in:
- Drafting professional legal notices.
- Filing consumer complaints for deficiency in service.
Feel free to contact us if you wish to proceed with a
legal notice draft or
complaint preparation.
Regards,
Support Team
