NEW DELHI: A Himachal Pradesh district consumer commission has directed Amazon to refund Rs 8,819 to a customer after a mattress order was cancelled but the money was not returned even after the product was sent back to the seller.The Kangra District Consumer Disputes Redressal Commission, in its order dated August 3, held the e-commerce giant liable and directed it to pay the customer Rs 5,000 as compensation and Rs 5,000 towards litigation costs.How did the refund dispute arise?As per the commission’s order, Shubham Patial ordered a Wakefit mattress priced at Rs 9,799 from Amazon on September 26, 2024. The order was prepaid online using a Visa card.When the shipment was not delivered within the stipulated time, Patial contacted Delhivery, the logistics company handling the delivery. He alleged that the courier company delayed the matter on different grounds and eventually suggested that he cancel the order by sharing a code or OTP.“The complainant alleges that OP No. 2 lingered on the matter under various pretexts and ultimately suggested cancelling the order by sharing a code/OTP,” the commission order reads.The order was cancelled on October 7, 2024, and a message stating “shipment delivery cancelled” was generated. Patial was allegedly assured that the refund would be processed shortly. However, despite several follow-ups through email and telephone, the money was not refunded.Amazon did not appear before the commission despite being served notice and was proceeded against ex-parte.Delhivery, however, contested the complaint. It said an attempt had been made to deliver the shipment on October 1, 2024, but the delivery could not be completed. It said Patial himself opted for code-verified cancellation on October 7 and that the consignment was subsequently returned to the seller on October 16.The courier company argued that the financial transaction and refund were the responsibility of Amazon and the seller, and that it had no responsibility for processing the refund.Why did the commission rule against Amazon?The bench comprising President Hemanshu Mishra and members Arti Sood and Narayan Thakur found from the documentary evidence that although the mattress was priced at Rs 9,799, Patial had actually paid Rs 8,819.10 after a bank discount of Rs 979.90. It also found that the tracking records showed the shipment had been marked “UNDELIVERED” and cancelled through OTP on October 7.The commission noted that after the cancellation, the mattress was returned and reached Faridabad on October 16. The Amazon application showed the status as “On the way back” and assured the customer that his refund would be issued soon.“Despite the successful return of the merchandise on 16-10-2024, the refund summary unjustly reflects a ‘Total expected refund’ of ₹0.00,” the commission observed.The commission held that Amazon had failed to rebut the evidence because it had remained ex-parte. It found that the failure to refund the money for an unfulfilled order, after the product had been returned, amounted to deficiency in service and unfair trade practice.“The failure of opposite party No.1 to process the refund for an unfulfilled and returned order constitutes a clear deficiency in service and an unfair trade practice,” the commission said.The commission, however, did not hold Delhivery liable. It found that the courier company’s role was limited to logistics and that it had successfully returned the physical consignment to the seller. Since it was not responsible for managing the financial refund, the commission found no deficiency in service on its part.“As far as opposite party No.2 is concerned, the evidence establishes that their role was limited to logistics. They successfully returned the physical consignment to the consignor on 16-10-2024,” the commission said.The commission accordingly allowed the complaint against Amazon and directed it to refund Rs 8,819.10 with 9 per cent annual interest from the date of the complaint till realization. It also ordered Amazon to pay Rs 5,000 as compensation and Rs 5,000 towards litigation costs.
