Flipkart told to refund Rs 29,890
The District Consumer Disputes Redressal Commission here has directed Flipkart International Pvt Ltd to pay compensation of Rs 10,000 to a city resident who received a dummy mobile instead of the actual phone. The commission also directed to refund Rs 29,890 along with interest at 9 per cent per annum to the resident, Sumit Syal, a resident of Panjab University.
In the complaint filed before the commission, he said he had ordered a mobile phone online through Flipkart and made a payment of Rs 29,890 on September 25, 2019. When he opened the parcel he was stunned to see a dummy mobile phone inside.
He took the photographs of the dummy phone and complained to Flipkart but the issue did not get resolve.
On the other hand, Flipkart and Ekart Logistics, appeared before the commission through their counsel and claimed that the complaint was not maintainable. Flipkart stated that it was e-commerce platform which acted as an intermediary to facilitate sale transactions between independent third party sellers and independent customers, so it or its operation entity could not be held liable. It falls in the definition of an “intermediary” under Section 2 (1) (w) of the information Technology Act, 2000.
After hearing the arguments the commission said the record reveals that the amount had not been refunded, nor the dummy phone was replaced. Hence, the opposite parties were directed to refund the amount.
