in Consumer Law
Asked April 17, 2016

Breach of contract by Amazon

  • 1 Answer

Got a wrong product by Amazon India, they refuse for a partial refund.?


Answer 1

Anubha Yadav
As per the refund and return policy of Amazon.in, in cases of electronic items you can return the product within a period of 10 days if you no longer need the item that you had ordered[i]. This time of 10 days can be extended to 30 to 35 days in exceptional cases with proper authorization from Amazon. All FBA (Fulfilled by Amazon) items sold on Amazon.in that are returned because they arrived in a damaged/defective condition or if the item delivered turned out to be different from what was ordered will be eligible for free replacements, provided the exact item is available with the same seller[ii]. As per the Shipping Cost Refunds policy, if there is no return pick-up service available in your area you can self- return the product and claim refund of shipping costs along with the actual costs. Specifically for items ‘Fulfilled by Amazon’, return shipping costs of upto Rs. 100 will be refunded. But if you incur return shipping charges over Rs.100 for returning large and heavy items, you can ask for an additional refund[iii]. Unfortunately, if the purchase was made in India and delivered in India, then it can only be refunded in India. Therefore it is not possible for you to return the product in London. You have the option to return to India within a period of 30 days upon an extension by Amazon and return the product or ask for replacement. Further, you must try to negotiate with them to extend the period of refund from 30 days owing to the circumstances.  It is advised that you must contact Amazon via email or visit the office to negotiate the terms. The customer care service will be of little help to you as they need proper authorization to extend the number of days. Meanwhile, kindly ask your sister to send the lens with some friend or relative who is planning to come back to India from London so that you can return it in India. You can file a complaint before the District Consumer Forum under the Consumer Protection Act, 1986 for this issue. A complaint can be filed against Amazon as a service provider for its deficiency in providing the service of delivery of goods. The Consumer Forum can ask Amazon to remove the deficiency in its services or return the price already paid or compensate the consumer. This legal process can become a long drawn process and considering that Amazon’s return policy clearly does not provide for return in UK it is possible that your petition maybe dismissed. By filing the petition you can make sure that Amazon knows that you are very serious about exchanging the product refund and it can be employed to pressurize Amazon to negotiate in your favour. [i] Refer point 3 http://www.amazon.in/gp/help/customer/display.html/ref=orc_hp_i_rr?ie=UTF8&nodeId=201149900#reso [ii] http://www.amazon.in/gp/help/customer/display.html/ref=orc_hp_s_replpol?ie=UTF8&nodeId=201815260# [iii] http://www.amazon.in/gp/help/customer/display.html/ref=hp_left_v4_sib?ie=UTF8&nodeId=201472500
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