Archit Uniyal 15 April 2020

Redressal against amazon.in

I placed an order for F1 2019 Anniversary Edition on Amazon. The package was delivered but inside it, I had a different product - FIFA 20. I called the customer support immediately and provided them with proof after which they said ill get my refund within 24 hours. They asked my bank details and after I gave them the details nothing happened. After 2 weeks I called them again and they said they couldn't Initiate the refund because a team had tried to contact me about the issue but failed. They said the specialist team will contact me again after 2-3 days. The specialist team guy cut the call in the middle and didn’t initiate my refund. So I called the customer support again today and they said the research team has filed an update that I received the correct product which I definitely didn't and I have even provided the proof and I still have it. He said we can't provide you a refund and you can file a case against amazon if you want to. These guys took 4300 cash from for me for a wrong product, didn't give me my money back and now are making false claims that I received the correct item. Is this a breach of contract? If not what are my rights as a consumer against them? How do I address this issue and take action against amazon.

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6 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 15 April 2020

Dear querist,

You can send legal notice and on non compliance with the notice you can file consumer complaint before consumer forum.

Regards,

1 Like

Archit Uniyal 19 April 2020

Thank You, Mr. Shirish

Vishesh Kumar 10 November 2020

Greetings,

You may directly approach Consumer Forum to look into the matter, there may be chances of miscommunication etc. too from the company's side.

sribhusan sukla (Free Legal Consultations) 14 November 2020

If you have the video photo of unboxing the disputed product, then only you have a good case, otherwise not.

Pradipta Nath (Advocate) 17 November 2020

These Amazon guys had a wonderful customer service helpline number which states only press 1 press 2 press 3 for so and so. Under the Consumer Protection Act 2019 they cannot ignore the product liability. Please send them a legal notice. Thereafter if they do not comply your legal notice you better take them to the consumer forum.

POTHYS VARAN S 02 February 2021

Dear Archit Uniyal,

I do hereby serve you with the following advice to send a legal notice to The Amazon.
The product has been delivered by the authorized delivery person from Amazon. After unpacking the product with proper care and safety, you found that the product was not the one which you have ordered in any expressed design, warranty, labelling and similar specifications. So, you have applied for Refund & Return policy for the delivered order FIFA 20 (mismatched product). Then, you have called Amazon customer care subsequently and you have addressed your whole problem every time but your efforts gone in vain which shows the deficiency and negligence of service provider. They provided you only with odd responses even though you have provided enough evidences. The odd responses include such as cutting off the call in the middle and providing false information that you got your correct ordered product.

You don’t deserve to collect evidences from your side and to get mental pressure by the consequences of repeated approach. Even after these measures, your company stating is not admitting their faults and to refund your money.
The amazon can be held liable according to Consumer Protection Act, 2019 as follows,

IN THE CONTEXT OF COMPLIANCE:
1. According to the section 83 of Chapter VI, the product liability action can be brought against the service provider for any harm caused to him on account of defective product. The term “defective” can include any fault on product according to section 10 of Chapter I (delivery of mismatched product).
2. According to the section 85 (a) of Chapter VI, the service provider can be held liable as there is a deficiency of service under any law for the time being in force.