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Nirali Nayak   03 June 2021

Case against amazon

I have bought a Laptop from Amazon where it's descripttion said that they will provide me with 1 year of McAfee Live Safe antivirus subscripttion but what I have got is 1 month trial. Upon contacting them they were continuously stalling the matter for 17 days until today when they said that they will provide me with 3000 rupees instead of 26999 which is the actual cost. I asked them to let me talk to their manager but no one has called! I have invested my 11 day worth of time contacting them, Dell (laptop company) and McAfee so that I could have my subscripttion. But I have got no response from either side. Can I file a case against them for this issue? 


 8 Replies

Dr J C Vashista (Advocate)     03 June 2021

You should consult a local lawyer with relevant original receipt, descripttion and terms and conditions of the product for filing a complaint for deficiency of service / defective product / misinforming qua product, before Consumer Disputes Redressal Commission of jurisdiction

Sankaranarayanan (Advocate)     03 June 2021

With support of all correspondences you can file a case before appropriate consumer forum. before that you better to consult a local lawyer and get more clarity and act accordingly

G.L.N. Prasad (Retired employee.)     03 June 2021

First, issue a notice through an online customer complaint.  Publish the same in several online forums that entertain complaints on those reputed forums for information and knowledge to serve as a caution to future consumers of such service from the company.  You have lost bad money for Rs.3,000/- ignore it if your efforts failed to yield a result, as you might have to spend more of your good money for the unlikely recovery of bad money.  After one month of issuing such notice to amazon file an on line complaint to the District Consumer forum.  These efforts may cost some valuable time at your disposal and not at least amounts.

Ritesh Maity (Labour Law Advocate)     03 June 2021

1. Send an official email or letter through registered post stating all the facts and the constant harassment you have suffered demanding the "1 year McAfee Live Safe antivirus" pack or to pay you Rs.27000/- (Actual price of the software) within 3 days.

2. If #1 does not work, you may send a legal notice through lawyer (not mandatory though)

3. File a case before District Commission (consumer Forum) demanding the Antivirus or refund along with compensation for harassment and loss of time (Though you can appear in consumer forums in person, it is advisable to get the complaint petition drafted by some competent lawyer).

pankaj verma   03 June 2021

first of all u have to issue a legal notice to amazon...if u not get ur money back then u can file a consumer complaint in consumer forum..9816374011

Vasundhara Singh (Student)     04 June 2021

 Hello, Greetings of the day!  

Your query seems to be related to consumer dissatisfaction. For any issue related to consumer complaints, the aggrieved party can approach consumer forums which are set up on district level, state level, and national level.   

Before complaining to the consumer forum, you can send a legal notice to the company highlighting the deficiencies in the product and if they are not ready to settle by mutual understanding, approach to the competent authority.  

The pecuniary jurisdiction of the forums is a following and the complaint can be put before any forum according to financial loss.  

  • District Commission: Amount not exceeding 1 crore  

  • State Commission: Rupees 1 Crore to 10 Crore  

  • National Commission: Amount exceeding Rupees 10 Crore  

The complaint can be filed through both online and offline modes. An online application can be filled through the portal on https://consumerhelpline.gov.in/ .  

The limitation period to file a case before a district forum is 2 years from the date of the dispute. Further, appeal before State Commission to be filed within 45 days from the date of order of District Commission. Further, an appeal to the National Commission should be made within 30 days from the date of receipt of the order from the lower forum.  

Best Regards,      

Vasundhara Singh     

Law Student 

Ritesh Maity (Labour Law Advocate)     04 June 2021

Complaint can be filed online through https://edaakhil.nic.in/index.html

T. Kalaiselvan, Advocate (Advocate)     04 June 2021

You first issue a legal notice venting out your grievances to the company, amazon and the mcafee company too and seek their intervention  to either replace the product or make a demand to refund the amount paid toward the purchase of the product.

Failing to get any response or comply with the demands made, you may resort to legal action through consumer forum for deficiency in service, before that you may consult a loal advocate expressing your actual problem and the grievances thereoin and make sure if it is worth enough to take legal steps especially after properly analysing the actual problem and who is responsible for the same.

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