• Amazon selling duplicate product - duplicate laptop battery blasted

I have bought laptop battery on Amazon website. I have checked item described as USA made. So I bought this being assured that it's a genuine product as it's also mentioned in product description. 
After a year of use this battery was blasted and laptop and room completely damaged. 
Blast was like a small bomb blast inside room. I have tried to reach Amazon via customer care and reported this incident. They simply refused to take any action. 
Can we take any legal action against Amazon selling such dangerous product. I would have surely died if I would have present in the room at the time of blast. 
I have recorded all chat with customer care and I have all the videos and photos of blasted battery and damaged laptop. 
Can anyone help me take legal action against amazon ?
Asked 4 years ago in Criminal Law
Religion: Hindu

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19 Answers

Immediately send a Legal Notice to Amazon for selling a defective product to you and seek damages/compensation from Amazon in lieu of the loss suffered by you.

If the legal notice is not complied with, file a consumer Complaint in the District Consumer Forum.

Reach out to me for any further help in this matter.

I'll be glad to help you.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Hello,

Send a legal notice to amazon and if they do not settle the matter then move to the District Consumer Forum and file the case.

Please contact a local lawyer who may help you with regards to the same.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If you have the purchase details and photographs you can file a case against them in consumer Forum.

You can also contact the manufacturer and inform them that counterfeit products are being sold in the name of company.

You can contact me for further details. Thank you

R. S. Akolkar
Advocate, Mumbai
53 Answers
1 Consultation

4.8 on 5.0

1) what were terms and conditions of sale?

2) was any warranty for the product given by Amazon ?

3) it is necessary to peruse terms and conditions of sale to advice

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

yes send them a legal notice as well lodge an FIR before local police with guidance

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Dear Client,

U should have approached the police, So that the product could have sent for FSL ( Forensic Science Lab ).

If u have remains, get it examined, what was cause of blast.

WELL, u can file consumer complain for recovery of money and damages caused due to blast and other financial relief under different heads.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Please file a complaint in the consumer court for selling of fake product and compensation for the damages.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

In amazon there are two kinds of products available by invidual seller and by amazon itself so check the invoice of the product.

Send a legal notice to both the battery company name mentioned and amazon for compensation of damages.

If notice is not replied file a complaint with the consumer forum.

You can call for further assistance.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You need to fIle case against the seller and make amazon as second party. Since amazon is just a hosting site so you need to find out seller from website and send legal notice to both amazon and also the seller listed in amazon. File a consumer complaint seeking for damages.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

You should have immediately lodged a police complaint.

It amounts to negligence, deficiency and can be prosecuted under consumer protection law.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

You have option to file civil as well as criminal case against the company.I will suggest you to file both under consumer prootection Act(Deficiency in Service ), and also Under Indian Penal code(Fraud,Cheating ,Breach of Trust) .

Ravi Kumar Singh
Advocate, Patna
52 Answers
2 Consultations

4.0 on 5.0

Dear Sir

Sure. File a consumer complaint before consumer court. The terms and conditions mentioned needs to be re-looked as they take first contention on that. You can file against the original seller and amazon for the deficiency in product and services.

You can claim compensation for all the loss and mental agony.

Feel free to reach us with terms and conditions

Shettar SS
Advocate, Bangalore
182 Answers
1 Consultation

4.4 on 5.0

Simple as all that is an advise to collect all the documentary evidence of your placed order , complaint number and evidence of asking for compensation from the said company.

Collect all data above mentioned and draft parawise a complaint addressed to the District Consumer Court narrating all the details of the matter so as to apprise it of the facts in issue.

Support the facts of the said complaint with an affidavit duly attested by a notary.

Not a tough process. No need of a lawyer if you have a little confidence.

You can go the compound where the consumer forum is situated. Visit two three typists there and ask them whether they could draft the complaint. Pick the one you find is the better out of the lot. Get the same typed from him and present the same before the consumer court.

The matter is simple. The court officer will help and guide you . Notice will be served upon Amazon and when served you shall tender your evidence by way of an affidavit in support of your case.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Hi , you can file a complaint at consumer court and seek compensation

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Hi dear client

You got good case and as per your purchase from online store called amazon, you call their customer care and give complaint regarding this and you have the bill and etc.. you can step towards the consumer court regarding unfair trade practice of amazon store, file case in consumer court your problem will be resolved. For further details call me.

Koushalya Pattan
Advocate, Bangalore
174 Answers

Not rated

Dear Sir,

You have two actions, one in civil nature and another in criminal nature. You should have lodged complaint with police immediately to create and store the incident of blasting. You may get a issue legal notice and file a complaint before Consumer Forum with all your evidence. You may get compensation of Rs. 5,00,000/-. Please engage any competent advocate to look after your case.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

You can file Consumer Complaint against Amazon for the same for defect and deficiency of service.

Prashant Nayak
Advocate, Mumbai
27275 Answers
88 Consultations

4.4 on 5.0

If the incident took place within the warranty period, you may approach the amazon authorities for replacement of the defective product otherwise your claim may not be entertained.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

You can file a consumer complaint aganist amezon.

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

4.2 on 5.0

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