Darjeeling consumer forum orders Amazon, seller to refund ₹1.43 lakh in wrong camera case

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Darjeeling consumer forum orders Amazon, seller to refund ₹1.43 lakh in wrong camera case

Synopsis

A Darjeeling consumer forum has ordered Amazon India and seller Clicktech Retail to pay over ₹4.68 lakh in total — including a ₹1.43 lakh camera refund, ₹2 lakh for mental agony, and ₹1 lakh for negligence — after the buyer received a wrong Fujifilm model and was stonewalled on the refund. Amazon's intermediary defence was effectively dismissed when neither party showed up to contest the case.

Key Takeaways

Darjeeling District Consumer Forum ordered Amazon India and Clicktech Retail Pvt.
Ltd. to refund ₹1.43 lakh in an order dated 18 June 2025 .
Buyer Soloman Lepcha received a Fujifilm X-T50 CS WW2 C instead of the ordered Fujifilm X-T5 mirrorless camera.
The camera was returned by 15 February 2025 and received by the seller on 20 February 2025 , yet no refund was processed.
The forum additionally awarded ₹2 lakh for mental harassment, ₹1 lakh for deficiency in service, and ₹25,000 in litigation costs.
All amounts carry interest at 9% per annum from the date of filing; non-compliance allows the complainant to pursue execution proceedings.
Neither Amazon nor Clicktech Retail appeared before the forum, and the case proceeded ex parte .

The District Consumer Disputes Redressal Commission in Darjeeling, West Bengal, has directed Amazon India and marketplace seller Clicktech Retail Pvt. Ltd. to refund ₹1.43 lakh to a buyer who received a different Fujifilm camera model than the one he ordered and was subsequently denied a refund despite returning the product. The order was passed on 18 June 2025, after the opposite parties failed to appear or contest the complaint.

What the Buyer Ordered — and What He Got

Complainant Soloman Lepcha of Darjeeling placed an order on Amazon's online marketplace for a Fujifilm X-T5 mirrorless camera priced at ₹1.43 lakh. When the package arrived on 10 February 2025, he found that the product inside was a Fujifilm X-T50 CS WW2 C — a different model entirely. Lepcha alleged that dual labels on the package, photographed and emailed to Amazon, pointed to deliberate mislabelling, though the commission did not make a specific finding on intent.

The Refund That Never Came

After raising the issue, Lepcha was assured of a refund and asked to return the product. The camera was collected from his residence on 15 February 2025 and received by the seller on 20 February 2025. However, when he checked the refund status the following day, he was told the refund could not be processed because the returned item was allegedly incorrect. Neither the refund was credited nor was the product sent back to him. A legal notice to both parties in March 2025 went unaddressed in any substantive manner.

Amazon's Intermediary Defence — and Why It Did Not Hold

In response to the legal notice, Amazon Seller Services Pvt. Ltd. reportedly denied liability, invoking intermediary protection under the Information Technology Act. The complainant countered that Amazon actively facilitated the listing, payment, shipping, and returns — functions that go beyond a passive intermediary role. Crucially, neither Amazon nor Clicktech Retail appeared before the forum or filed a written response, allowing the case to proceed ex parte. The commission held that the complainant's evidence, including photographs and correspondence, remained entirely uncontroverted.

What the Commission Awarded

The forum directed the opposite parties to refund ₹1.43 lakh — the full cost of the camera — within 45 days of the order. Beyond the refund, the commission awarded ₹2 lakh for mental harassment and agony, ₹1 lakh for negligence and deficiency in service, and ₹25,000 towards litigation costs. All amounts will carry interest at 9% per annum from the date the complaint was filed until realisation. The commission warned that non-compliance within the stipulated period would entitle Lepcha to initiate execution proceedings.

What This Means for E-Commerce Consumers

This ruling is notable because it squarely rejected the intermediary shield argument in a consumer forum setting, holding a marketplace accountable for fulfilment failures on its platform. Consumer rights advocates have long argued that platforms cannot claim passivity when they control the end-to-end transaction experience. This case adds to a growing body of district-level rulings that are expanding marketplace liability, even as the broader legal question of e-commerce platform accountability continues to evolve. The next step lies with the opposite parties — compliance by the 45-day deadline, or the prospect of execution proceedings.

Point of View

Where judges are less interested in platform architecture than in who controlled the buyer's experience end-to-end. The decision to neither appear nor contest the complaint was a strategic miscalculation — it handed the commission no choice but to treat the complainant's evidence as gospel. More broadly, this ruling is a data point in a quiet but consequential trend: district-level consumer forums are filling the regulatory vacuum that exists around marketplace accountability, one ex-parte order at a time. Until Parliament or the Supreme Court draws a definitive line on when a marketplace becomes a seller in the eyes of consumer law, these forums will keep drawing it themselves.
NationPress
22 Jun 2026

Frequently Asked Questions

What did the Darjeeling consumer forum order Amazon to do?
The Darjeeling District Consumer Disputes Redressal Commission directed Amazon India and seller Clicktech Retail Pvt. Ltd. to refund ₹1.43 lakh to buyer Soloman Lepcha within 45 days of the order dated 18 June 2025. The forum also awarded ₹2 lakh for mental harassment, ₹1 lakh for deficiency in service, and ₹25,000 towards litigation costs.
What went wrong with Soloman Lepcha's Amazon order?
Lepcha ordered a Fujifilm X-T5 mirrorless camera worth ₹1.43 lakh but received a different model — the Fujifilm X-T50 CS WW2 C — upon delivery on 10 February 2025. After returning the product, he was told his refund could not be processed because the returned item was allegedly incorrect, leaving him without either the camera or his money.
Did Amazon contest the case in the consumer forum?
No. Despite being served notice, neither Amazon Seller Services Pvt. Ltd. nor Clicktech Retail Pvt. Ltd. appeared before the forum or filed a written response. The case therefore proceeded ex parte, and the commission treated the complainant's uncontested evidence as established fact.
What was Amazon's legal defence before the forum?
Amazon reportedly claimed protection as an intermediary under the Information Technology Act, arguing it was not directly liable for the seller's actions. The commission rejected this position implicitly by ruling in the complainant's favour, noting that Amazon's active role in listings, payments, shipping, and returns went beyond passive intermediary status.
What happens if Amazon and Clicktech Retail do not comply within 45 days?
If the opposite parties fail to pay within the 45-day deadline set in the 18 June 2025 order, Soloman Lepcha is entitled to initiate execution proceedings under consumer protection law. All awarded amounts also carry interest at 9% per annum from the date the complaint was originally filed.
Nation Press
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