In 2016, Shri Narinder Kumar filed a consumer complaint against Amazon, Apple and Phone seller. Mr. Kumar purchased a brand new Apple iPhone 5s from Amazon’s online store but when he received the product, he was shocked to notice that the phone supplied was actually an old refurbished iPhone and not new as advertised by the seller and the Amazon store. As the phone was defective and old, it started showing issues within the warranty period, soon after the purchase.
When he did not receive any fruitful response or resolution from the opposite parties, Mr. Kumar filed a consumer complaint against Amazon and its seller in District Consumer Court Shimla, Himachal Pradesh under Sections 11 and 12 of the Consumer Protection Act, 1986, alleging deficiency in service and unfair trade practices.
Though the court dismissed the complaint against Apple, it found Amazon and the seller liable for delivering an old refurbished phone to the consumer instead of the brand new iPhone which he actually ordered.
The court highlighted the fact that there was a deficiency in service as the complainant ordered a Silver iPhone but the opposite party supplied a Grey color iPhone. Also, delivering a second hand refurbished phone instead of a brand new iPhone amounts to unfair trade practice.
In this complaint against Amazon and seller, the Court finally ordered them to refund the purchase amount of Rs.35,699/- to the complainant with interest and pay Rs.10,000/- as compensation for mental agony and Rs.5,000 to cover legal expenses.
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