The District Consumer Disputes Redressal Commission 1 has directed Gionee Head Office, New Delhi, Amazon India Brigade Gateway, Bangalore, AKS Telecom, Chandigarh, and Shiv Enterprises, Maharashtra, to refund ₹16,800 paid by a customer for the purchase of a mobile phone that turned out to be faulty.
The firms were further asked to pay ₹5,000 for causing mental agony and harassment as well ₹5,000 as litigation costs to the complainant, who is a resident of Sector 30.
As per the judgment pronounced by the commission, the complainant Kamal Kumar of Sector 30 had purchased a Gionee A1 phone manufactured on June 19, 2017, through Amazon. However, a couple of months after the purchase, the phone’s touchpad also stopped working and it started having battery problems.
Kumar approached AKS Telecom Chandigarh in Sector 35-A to get it repaired. They kept the phone and issued a job sheet on August 20, 2018. He was assured that the phone would be repaired in 10 days.
He visited them on a few occasions and was charged ₹250 on the pretext of charging wire but until November 21 2018 the phone wasn’t fixed. He requested them to replace the phone but to no success and eventually filed a legal notice to them.
Gionee head office in New Delhi appeared after notice was served, but failed to file evidence in the form of an affidavit despite several opportunities. Therefore, the matter proceeded ex parte. A notice was also served to AKS Telecom Chandigarh and Shiv Enterprises, Maharashtra, but nobody appeared on their behalf either.
Amazon Seller Services Private Limited through their counsel contended that the complainant has wrongly approached the forum against it, arguing, “The present issues raised by the complainant pertains to the alleged technical defects as detected in the product. The product is neither sold nor manufactured by it. In addition, no services have been provided by it.”
“The role of it is limited to that of a facilitator and not the seller/manufacturer, and it is neither liable nor responsible for any actions or inactions of the seller/manufacturer nor any breach of conditions representations or warranties by the seller or manufacturer of the product. However, it is submitted that it is only the online ecommerce market platform where buyers and sellers transact to purchase goods and services. It is neither a necessary nor a proper party in the complaint,” they further pleaded, praying for the dismissal of the complaint.
The commission, however, observed that the sole grouse of the complainant is that the mobile in question developed the defect within the warranty period and was not repaired. It is in the possession of the opposing parties until date. They observed that undoubtedly Amazon India is the online platform, and trusting them, the complainant had spent his hard-earned money to purchase the phone manufactured by Gionee.
The commission ruled that all four opposing parties will refund the ₹16,800 paid to purchase the phone and pay the extra ₹10,000 as litigation costs causing harassment. .
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