Ahmedabad: Consumer court issues notice to online portal

A district consumer court in Ahmedabad issued a notice to e-commerce market place Amazon for sale of a fake product, after Ahmedabad-based Consumer Education and Research Centre (CERC) filed a complaint.

The case has also been filed as a class action complaint on behalf of the numerous consumers who received the spurious product.

CERC CGM Pritee Shah had purchased a pack of two Lakme Eyeconic Kajal from Amazon by making online payment of Rs. 247, in March 2017. However, the packing and labeling looked different. On realizing that the product is fake, she lodged a complaint with Amazon. The vendor, Sublime, sent her a replacement of the genuine item along with the bill. "This indicates that the vendor did not have genuine products and was selling fake products only. When we requested Amazon to recall the product, it didn't. This necessitates that online market places have a robust policy to enroll vendors," said Shah.

Shah wanted Amazon to intimate all the other buyers about the fake product as it could seriously damage eyes. However, Amazon offered a replacement without admitting that the product was a fake but did not take legal action against the vendor.

CERC then filed a case in the district court under the Consumer Protection Act by misleading the consumers into believing that the spurious product supplied by it was a genuine product. Also, the company had committed an offence under Drugs and Cosmetics Act, 1940.

According to a CERC statement, Amazon contended that it is not a seller and thus not responsible for spurious products sold on its website. However, it receives payment directly from the customer for products purchased from its portal. "It is the reputation of Amazon which makes people buy products from its portal. It is Amazon that solicits business from customers," argued Shah.

CERC has appealed and sought from the court an order directing Amazon to recall Lakme Eyeconic Kajal and intimate all buyers that the product is a fake.

Amazon should also tender a public apology for supplying a spurious product and give a refund to all buyers, said the statement.

DNA reached out to Amazon, but did not get a response till the filing of this report.

NOT AMAZING

• The case has also been filed as a class action complaint on behalf of the numerous consumers who received the spurious product.
   
• CERC CGM Pritee Shah had purchased a pack of two Lakme Eyeconic Kajal from Amazon by making online payment.