Mumbai, Jan 14 A consumer commission has asked Amazon to pay a refund to a TV buyer along with compensation, holding that an e-commerce platform cannot avoid liability for a defective product by claiming to be a "mere intermediary" and not the actual seller.
District Consumer Disputes Redressal Commission (suburban Mumbai) on January 6 held Amazon Seller Services Private Limited (ASSPL) guilty of deficiency in service for resolving the issue.
The commission, led by president Pradeep Kadu and member Gauri Kapse, ordered ASSPL to refund the customer, stressing that an online marketplace "cannot absolve itself of responsibility merely by describing itself as an intermediary, especially when it actively facilitates the sale, receives commercial benefit, and engages directly with consumers post-sale".
"A consumer purchasing goods online does not have direct access to the manufacturer or service centre. The only visible and accessible entity is the online platform. The consumer relies not only on the brand but also on the credibility and assurance of the platform," it remarked.
As per the Mumbai-based complainant, he purchased a 40-inch Full HD LED TV on Amazon for Rs 16,499 in 2018, but it was found to have poor sound, inferior picture quality and a non-functional remote control.
Amazon declined a refund and advised him to contact the manufacturer, following which he approached the consumer commission, seeking refund and compensation for mental agony.
The e-commerce giant contended that it was merely an "intermediary marketplace facilitating a deal between a third-party seller and a buyer".
Amazon neither manufactures nor sells any products, and under "Conditions of Use" provides only technical support, its lawyers submitted.
But the commission held that once the TV was sold through Amazon, it was assumed that it was responsible for ensuring that the product was free from defects, and was serviceable.
"The principle of vicarious liability squarely applies, as the online platform service provider stands in a position of trust and derives commercial benefit from the sale," the commission said, directing the e-commerce giant to refund Rs 16,499 along with 6 per cent interest p.a. from February 2018 . Further, it asked Amazon to pay a compensation of Rs 10,000 for mental agony and Rs 5,000 towards legal expenses.
