Nagpur: District Consumer Disputes Redressal Forum, Gondia, Maharashtra, directed Amazon E-Commerce Company to sell mobile Samsung Galaxy S22 Ultra 5G (Ultra 5G Burgundy, 12GB, 256GB Storage) to the complainant only for Rs.16,558 as against its reported original price of Rs.1,31,999 and also imposed fine of Rs.10,000.
On March 31, 2022, Amazon, a e-commerce company, on its website ‘www.amazon.in’ offered for sale Samsung Galaxy S22 Ultra 5G (Ultra 5G Burgundy, 12GB, 256GB Storage) (for short, the said goods/product) only for Rs.16,558 inclusive GST as against its reported original M.R.P. of Rs.1,31,999 and thereby offering Rs.1,15,441.00 (87%) off/discount.
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After noticing the said offer total 5 people from Gondia City i.e. complainants, namely, Swati Sanjay Jain, Jitendra Gumachand Jain, Dilip Mangalchand Jain, Piyush Dilip Jain and Payal Khushal Chopda Jain immediately placed order for said goods/product and paid Rs. 16,558 each through their debit card.
Thereafter, on April 2, 2022, all complainants received an email from the Amazon, through which it was informed that ‘Order has been cancelled due to a pricing issue. Due to a technical error, the items were listed on our website with an incorrect price for a short time. This error has since been corrected. We’re sorry for any disappointment this may cause.” And on the same day Rs.16,558 were refunded to all complainants.
All the customers were shocked and they immediately approached Adv Sagar J. Chavan who filed their complaint with District Consumer Disputes Redressal Forum, Gondia separately for each and sought various reliefs. It was the case of all complainants that by aforesaid acts of Amazon, it has committed sever breach of contract without due consent of the complainant which amounts to deficiency in service, as well as, it indulged in unfair trade practice under the Consumer Protection Act, 2019.
On July 3, 2024, District Consumer Disputes Redressal Forum, Gondia, Bench of Nitinkumar Swami (President), Atul Alasi (Member), and Sanjay Joshi (Member) partly allowed all 5 complaints and passed the order, ‘Complaint is partly allowed. Opposite Party No.1 and 2, within 45 days from the date of passing this order, shall comply with directions — Sell the said goods/product to the complainant at price of Rs.16,558 as it was originally displayed on its website.
The order further asked the company to pay a compensation of Rs.7,000) to the complainant for mental and physical pain and pay Rs.3,000 to the complainant as expenses for filing of complaint.’
Adv S B Rajankar appeared for Amazon Seller Services Pvt Ltd and Adv Prince Pavaiya and Adv Pramod Agrawal argued for Appario Retail Pvt Ltd.
