Mumbai: E-Commerce platforms cannot act just as intermediaries and avoid any further responsibilities for the product sold through their platform, the district consumer commission has held while finding Amazon India guilty of deficiency in services.
The commission, while holding Amazon India (Amazon Seller Services Private Limited - ASSPL) liable for the supply of the defective product, said that, “having voluntarily chosen to host, promote, and facilitate the sale of the product, the Opposite Party assumes a fiduciary and statutory duty to ensure that the consumer receives defect-free goods and effective post-sale support.”
“Once the product was sold through their online platform, it is assumed that they own responsibility for ensuring that the product was free from defects and 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.
The commission has asked Amazon to return the cost of the TV with 6% interest and also imposed compensation of Rs 15,000. Interestingly, the commission has also asked the complainant to return the said defective TV after receiving compensation. The commission was hearing the complaint filed by Goregaon resident TR Dhariwal against the company. Dhariwal had purchased an LED TV through Amazon on February 14, 2018, for Rs 16,499, which turned out to be defective.
He made repeated complaints through emails and telephonic follow-ups from February to April 2018, but the issue remained unresolved. Initially assured of replacement, neither replacement nor refund was provided. On April 16, 2018, he was directed to approach the manufacturer directly, prompting him to file the complaint with the consumer commission. Amazon, in its reply, contended that ASSPL neither sells nor manufactures products and, as per its Conditions of Use, provides only technical support.
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