Got the Wrong Product? Commission Tells Amazon to Refund Buyer and Pay Damages
A District Consumer Disputes Redressal Commission in Delhi has directed e-commerce platform Amazon and laptop seller Appario Retail to refund a customer and pay compensation for delivering the wrong product. The case is titled Harjas Singh Sodhi v. Amazon Retail India Pvt. Ltd.
The Bench of President SS Malhotra and Member Ravi Kumar held that online marketplaces must ensure that the exact product shown on their platform reaches the buyer. The Commission also rejected Amazon’s earlier refusal to refund, calling the reasons “vague”.
What happened
- Harjas Singh Sodhi ordered an HP Pavilion laptop from Amazon.
- He received an old IBM ThinkPad instead.
- He immediately raised a complaint and returned the item, but the ₹61,990 he paid was not refunded.
- Amazon claimed Sodhi had returned a different item and that his account had “excessive refunds” in breach of its Use Policy.
Commission’s key findings
- Duty to deliver the correct product: The Commission said e-commerce platforms must ensure that the seller delivers the same product displayed online and that it reaches the buyer intact.
- Evidence from the buyer: Sodhi’s photographs taken right after opening the package showed he received the wrong laptop. This was promptly reported to Amazon.
- Joint liability: Both Amazon (platform) and Appario (seller) were held jointly responsible. The forum noted that Appario had received the consideration (price), so it could not deny contractual responsibility.
- Rejection grounds termed “vague”: Amazon’s stand—that the buyer had exceeded expected refunds and violated its Use Policy—was found to be an afterthought. The platform did not provide any concrete details such as the number of past refunds or the specific policy terms.
Suggested protocol for deliveries
The Commission suggested that delivery agents or riders should photograph or video-record the handover and opening of packages at the doorstep. Keeping such records would prevent disputes about wrong deliveries in future and reduce consumer complaints.
The order
- Refund: Amazon and Appario must refund ₹61,990 with 9% interest per annum from the date of payment.
- Compensation: ₹10,000 for mental agony and harassment.
- Litigation costs: ₹7,500 to cover the consumer’s legal expenses.
Advocate Anushkaa Arora represented the complainant.
