Amazon India Moves Bombay HC Challenging Summons To Vice President Amit Agarwal Over Complaint Alleging Non-Receipt Of Product

Online Shopping giant, Amazon India moved the Bombay High Court seeking to quash the criminal complaint and the summons issued to Amit Agarwal, the Vice President by a Maharashtra court.

Advocate Amritpal Singh Khalsa filed a complaint in the Magistrate Court in Ulhasnagar against Amazon. He had ordered a hard disk which didn’t get delivered to him. He tracked the order but it was shown that the hard disk has been sent near Pune and then back to Rajkot. He also applied for a refund but was denied it.

In the petition by Amazon, it has been claimed that there is no element of cheating nor any fraudulent act on the part of the company. Also, Amit Agarwal was not involved in the day to day activities of the e-commerce giant. 

“The Magistrate failed to consider that Amazon is not the seller or manufacturer of the product but is merely an online marketplace thereby entitling it to protection under Section 79 of Information Technology, 2021 (as an intermediary)”, the plea further stated.

Thus, no cognizable offence was made out in the final report submitted.