Amazon Lost Shipment & Tampered Return - Seeking Legal Advice

Dear Client,

Whether or not a claim can be submitted to the Consumer Protection Act is not a straightforward legal question. If you are an aggrieved individual and do not come within the scope of CPA, you would need to pursue remedies elsewhere like civil actions for tort/contract as opposed to filing your case under CPA. The CPA defines a 'consumer' as a person (natural or artificial) who purchases goods or receives services for their own personal use and not for resale.As a seller using Amazon Easy Ship as a logistics service, courts may characterise you as a commercial user of Amazon's services rather than a consumer, which would exclude you from CPA protection.

However, there is a counter argument that you hired Easy Ship as a service provider for a specific purpose, and the service failed catastrophically. Some consumer courts have entertained such claims from small sellers where the loss was direct and the service was availed in a non resale capacity.

On the better legal approach, a civil suit for breach of contract and negligence is your stronger and more direct remedy. Easy Ship is a service provided by Amazon and it works on a contract of logistics between Amazon and you. They have breached their contractual obligation with you because they failed to deliver your PC and instead delivered a different product. They also tampered with the returned GPU and RAM. Under Indian contract law (The Indian Contract Act), you have a right to claim damages for the entire amount of your loss which would include the following; 1, Your total loss in the PC case of Rs 59,999 and 2, Your total loss in the second case of Rs 47,608 (the short fall from the second case) plus 3, Your total loss less the Rs 9,205 that has so far been refunded to you from Amazon which would also be included in your total loss claim against Amazon. Therefore, on the two separate cases they have a total in excess of Rs 100,000 and would be included in your file of civil commercial suit against them in the Commercial Courts Act of 2015, if applicable to where you are in the country, to have the dispute resolved faster than in a regular civil suit making the best use of state resources.

I will advise you to preserve all your evidence such as the handover receipt from Amazon for the PC, the delivery failure reports, the photograph or video of the tampered return showing the replaced GPU and missing RAM, all your follow up emails and chat logs with Amazon support, and the partial reimbursement receipt in order t strengthen your case. This documentation establishes both the breach and the quantum of loss. Before filing, send a formal legal notice to Amazon India demanding full compensation within 15 days. Very often, legal notices to Amazon result in escalation to their legal team and faster resolution than months of customer support followup.

I hope this helps, and if you have any further issues, do not hesitate to contact us.