- Unable to Return Gift ^Closed

Prashanth Kamath filed this complaint against Amazon.in on Jun 21, 2018

Resolution Demanded:
Apology
Refund
Damages

hi,

I got a Mobilefrom one of my friends. The Mobile is good - but I have a disability. Due to my disability, I'm not able to use a Smartphone.

So, I went to Return the Mobile. Upon writing an email to Amazon - at first, they assured me of full support. But when I actually tried to return it - they said that it is not possible.

now - I'm stuck with a Mobile phone - which I can't even use.

As per Provisions of the Indian Contract Act (under Sale of Goods -> Express and Implied Conditions / Warranties : A Sale) - certain Impied Warranties must be present in a contract of sale - for it to be considered valid.

To quote just one of the clauses...

"iii) Condition as to Quality or Fitness -- Where the buyer, expressly or by implication, makes known the seller the particular purpose for which goods are required, so as to show that the buyer relies on the seller's skill or judgment and the goods are of a description which it is in the course of the seller's business to supply (whether or not as the manufacturer of producer), there is an implied condition that the goods shall be reasonably fit for such purpose. In other words, this condition of fitness shall apply, if:

a. The buyer makes known to the seller the particular purpose for which the goods are required,


b. The buyer relies on the seller's skill or judgment,


c. The goods are of a description which he sellers ordinarily supplies in the course of his business, and


d. The goods supplied are not reasonably fit for the buyer's purpose"

.................

"Implied Warranties
A condition becomes a warranty when --

a) the buyer waives the conditions or opts to treat the breach of the condition as a breach of warranty ; or
b) The buyer accepts the goods or a part thereof, or is not in a position to reject the goods.

i. Implied Warranty of Quiet Possession -- In every contract of sale, unless there is a contrary intention, there is implied warranties that the buyer's shall have and enjoy quiet possession of the goods. If the buyer's right to possession and enjoyment of the goods is in any way disturbed as consequences of the seller's defective title, the buyer may sue the seller for damages for breach of this warranty. "

Since the product delivered is not "Reasonably fit for the buyer's purpose" - this cannot be regarded as a valid contract of Sale.

Further, "In every contract of sale, unless there is a contrary intention, there is implied warranties that the buyer's shall have and enjoy quiet possession of the goods. If the buyer's right to possession and enjoyment of the goods is in any way disturbed" - then in such a case, the Seller is liable to be sued...

Since this transaction has not resulted in any kind of benefit for me - it has led to emotional anguish / stress.

I have the following demands.....

* allow me to return the mobile phone - and to get a full refund in my bank account.

* an Apology letter from Amazon

* An option to return Undamaged items (under special circumstances) must be given to all buyers. A small charge can be levied on such 'fake buyers' - to cover the cost of transportation / handling. This could be profitable both for the buyer and the seller...To

* There is an option to sell Used Goods on Amazon (junglee.com). However, there are Restrictions on the Price that can be quoted (in case of Mobile phones - it's **% of the purchase price or less). Also, there is no option to sell 'as Good as New' items. I think - this is unfair - and needs to change. Buyers should be given the option to sell Unopened and Undamaged items at 'near to Full Price'.....

Are you brand?

Resolve Complaint

Are you Lawyer?

Help Consumers

Amazon.in

File a Complaint