Hyderabad: Charging Rs 299 extra for a book has proved dear for an e-commerce store and a publisher.
Hyderabad District Consumer Forum-II has directed ebookStore, who is the seller in an e-commerce entity (Amazon) and McGraw Hill the publisher of the book, to compensate the complainant by paying Rs 5,000 for indulging in unfair trade practice by repudiating the plaint. The court also fined them Rs 10,000 which is to be deposited with the Consumer Welfare Fund.
In its order, the consumer forum directed the respondents to the payments within 45 days from the date of receipt of the order.
According to Kethavath Naresh, a law student, who stays at E1 Hostel, OU campus, Tarnaka, purchased a book titled as “Indian Polity” 6th Edition (M. Laxmikanth) on November 6, 2022, published by McGraw Hill, through Amazon for Rs 1,294 with free delivery service.
In his complaint to the forum, Naresh said that on receipt of the courier he noticed that there was no Maximum Retail Price (MRP) printed anywhere on the book. As the invoice was raised by Amazon for Rs 1,294, Naresh made a call to McGraw Hill and found that the MRP of the book was Rs 995 which was also confirmed through their official website.
Aggrieved by the same, Naresh filed a complaint at the district consumer forum.
As per the facts, Amazon collected an extra amount of Rs 299 from the complainant. The act of McGraw Hill for non-printing the price on the book leading to e-commerce sellers committing unfair trade practices also amounts to deficiency of service, the court observed.
McGraw denied the allegation and contended that non-printing of MRP of the book in question is a violation which can be examined only under the Legal Metrology Act, 2009 and the commission has got no jurisdiction to entertain such matters. “We do not sell the books directly to consumers. Amazon operates through its authorised distributors/retailers who have their network of retail vendors across the country who eventually sell books to the customers. Price list is shared to all distributors and retailers. We don’t have any relationship with them or any control over them,” McGraw responds in a written version.
After perusing the evidence and documents of both parties, the forum found that by not printing the MRP of the book by the publisher is a clear case of deficiency of service that leads to adoption of unfair trade practice by distributors/retailers and other e-commerce stores. Holding the e-commerce store and the publisher guilty of deficiency in services, the forum held, “The complaint shall be entertained under Section 100 of the Consumer Protection Act, 2019.”
Rejecting their claims, the consumer forum ordered Amazon and McGraw Hill to refund Rs 299 to the complainant with 12 per cent interest per annum till realisation. The complainant was also awarded Rs 5,000 towards compensation for harassment and agony caused. The forum also fined them Rs. 10,000 which is to be deposited with the Consumer Welfare Fund.
