e-commerce firm fined for unfair trade practice

Ramkrishan Upadhyay

Chandigarh, February 15

The District Consumer Disputes Redressal Commission, UT, has directed an e-commerce company, Flipkart Internet Pvt Ltd, Bengaluru, to pay Rs 2,500 as compensation to a consumer for failing to deliver him the product on discounted price as offered in its sale. The commission also directed the firm to pay Rs 1,500 to the complainant as costs of litigation.

In a complaint filed before the commission, Vikas Rana, a resident Baltana, stated that he had booked an item, ‘Asics Gel-Glyde 2 Running Shoes for Men’, worth Rs 3,419 in the Flipkart sale and paid for it on October 15, 2020. The status of delivery of the booked product was reflected to October 19, 2020. Thereafter, the expected date of delivery was changed to October 21. He said the MRP of the product was Rs 8,999 and he booked it due to the attractive offer of low price. When he did not receive the product, he contacted the customer care service on October 21, 2020. He was told by the company executive that he should wait till October 26. He had also lodged a complaint through email.

He said the opposites parties (Flipkart and its logistic company) neither delivered the booked product nor refunded the amount.

In its reply, Flipkart stated that the order was cancelled by the seller due to unforeseen issue and the refund was made to the complainant by the seller. The company stated that the sole responsibility to ensure the delivery of the ordered product laid upon the seller and not the company. Ekart Logistics, the respondent number 2, also denied charges and stated that it had no connection with regard to the alleged delay in delivery of the product by the seller.

After hearing of the arguments, the commission said the act of opposite parties in not honouring their own promise to sell the product at the offered price and refunding the amount after forcing the complainant in an unnecessary litigation proved deficiency in service and their indulgence in unfair trade practice.

The commission thus directed the opposite parties to pay Rs 2,500 to the complainant as compensation for causing mental agony and harassment and Rs 1,500 as costs of litigation.