Despite its many advantages, online shopping has some problems. They sometimes require returning an item, ordering the incorrect product, or receiving something different than expected. Sometimes, these difficulties are severe enough for potential shoppers to reconsider making online purchases. While these issues are among the most prevalent that are encountered in online retail, they rarely happen.
Walmart-backed e-commerce platform Flipkart is facing new problems in India. The Consumer Court in Bengaluru has been directing Flipkart Internet. Ltd. to reimburse about Rs 13,799 to a buyer who received a different item. This incident highlights the irresponsibility of the e-commerce platform to ensure that their products are delivered promptly and their commitment to customers. Let's read to understand exactly what happened.
Case Background: Flipkart Order Replacement
Thoudam's troubles started in June 2023, when he ordered a treadmill from Flipkart. When the technician identified the defects during the installation process, Thoudam requested a Flipkart order replacement. Despite initial resistance from the seller, Flipkart eventually agreed to change the product.
In July 2023, the Flipkart order replacement treadmill arrived, but Thoudam was disappointed; it was from a different company and seller. Despite Flipkart's assurances, a technician will be sent for installation. Thoudam, taking matters into his own hands, attempted to install the treadmill, only to discover the brand discrepancy.
Legal Proceedings And Court Verdict
Feeling cheated, Thoudam filed a complaint with the consumer court, alleging fraudulent intent by Flipkart and its sellers. Flipkart asserted its innocuous status by claiming it merely served as an intermediary and marketplace; citing their website's terms and conditions, they argued the contract of sale lies solely between buyer and seller. After carefully considering all the proof provided to them by both sides, the Consumer Forum determined Flipkart had been negligent in making the correct product delivery arrangements for purchasers.
The Bangalore Urban Second Additional District Consumer Disputes Redressal Commission, led by Chairman Vijaykumar P. Pavle and members V. Anuradha and Renukadevi Deshpande rejected Flipkart's argument that it was only an intermediary between the customer and the seller.
As a result, the court ruled in Thoudam's favour, ordering Flipkart to refund the purchase amount and pay ₹10,000 as compensation for the mental distress caused to the elderly customer. The court emphasised that Flipkart could not escape liability by claiming arbitrator status and held the company accountable for the lack of services provided to the complainant, 80-year-old Purnachandra Thoudam. Lawyer Rakesh SN represented Thoudam, advocating for consumer rights and seeking justice for his client. On the other hand, Advocate B. Pramod represented Flipkart, attempting to release the company from liability.
What Are The Rights Of Consumers In India?
The Consumer Protection Act of 1986 gives consumers a range of basic and crucial rights that they deserve as consumers. Section 2 (9) grants 6 basic rights to consumers that everyone should be aware of:
- Right to safety: The right to avail health and environment-friendly products and services.
- Right to information: The right to know all there is to know about the products and services.
- Right to choose: The right to choose whatever one wishes for from a range of options.
- Right to be heard: The right to voice any issues or complaints.
- Right to seek redressal: The right to fight against unfair practices and get compensated.
- Right to consumer education: The right to be aware of the rights one has as a consumer.
Other Such Cases
Many cases like the Flipkart order replacement have taken place, many of them reported, innumerable unreported. Some of the major cases were:
1. ITC Limited Vs. Aashna Roy
Miss Aashna Roy is a model who visited the ITC Maurya Hotel in Delhi in the year 2023. She went there to get a haircut but the staff of the salon didn’t cut her hair the way she explained. Miss Roy then filed a complaint as per the Consumer Protection Act of 1986 and expressed how the services of the salon were not of any quality. She also expressed how a haircut impacted her professional and personal life. The court ruled in favor of Miss Roy and ordered ITC Limited to pay a compensation worth Rs. 2 crore.
2. Jet Airways: Flight Compensation
Once a passenger booked a flight with Jet Airways. The flight was canceled without any prior information or reason for it. The airline didn’t provide the passengers with a different flight or even a refund for that matter. The passenger filed a complaint and Jet Airways was ordered to pay compensation worth Rs. 50,000.
How To File A Complaint Via The Consumer Forum?
One can file a consumer forum complaint online by following some steps mentioned below in detail for one’s better understanding:
- Please visit the official webpage of INGRAM under the National Consumer Helpline.
- Fill in your details, like name, mobile number, and mail, and create an account.
- Sign in to your account.
- Register your complaint by filling in the necessary details like the name of the seller, the incidence, and the desired resolution.
- Pay a nominal fee (varies as per the nature of the complaint and the goods and services).
- Submit your complaint and note the reference number.
How To Track The Status Of The Complaint?
One can track the status of their consumer forum complaint online by following some steps mentioned below in detail for one’s better understanding:
- Please visit the official webpage of INGRAM.
- Navigate to the ‘Track Complaint Status’ option.
- Fill in the reference number, your registered mobile number, and the captcha.
- View the status of your complaint.
What Is A Consumer Court?
Consumer courts have been formed under the Consumer Protection Act of 1986. The main aim of their existence is to help consumers resolve whatever issue they face and get fair justice. Consumer courts work on the ground level and deal with the consumers and the sellers directly.
What Types of Cases Can Be Filed in Consumer Courts?
Consumers can file a range of cases in the form of consumer court complaints. Some major types of cases that can be filed in a consumer court are listed below:
- For low-quality or damaged products
- For poor or inadequate quality of services
- For misinformation or cheating practices by the sellers
- For doing fraud
Eligibility Of Filing A Case In Consumer Court
A range of people can file consumer court complaints in the consumer courts. The eligibility for filing a case is mentioned below:
- Consumers
- Family of the consumer
- Registered organisations on behalf of the consumer
How To File A Case In Consumer Court?
One can file a consumer court complaint in the consumer court by following the process mentioned below in detail for one’s better understanding:
- Please send a notice to the seller or service provider regarding the issue you faced and your decision to report this to the authorities.
- If the seller or service provider refuses to resolve the issue, please write a formal complaint with your name, description of the incident, your and the seller’s address, reason for taking action, date of the incident, desired resolution, and your signature.
- Attach any relevant documents as evidence like bills, the seller’s response when asked to resolve the issue, and a self-declaration stating that every piece of information that you’ve stated is true.
- Ensure that you’re filing the complaint within 2 years of the date of the incident.
- Post it to the relevant district commission or online through the official website of the E-dakhil.
Conclusion
Although online shopping may offer ease and accessibility, not everything runs according to plan. This ruling strongly warns e-commerce platforms that they cannot escape responsibility by hiding behind the intermediary's position. This case underscores the importance of maintaining consumer rights and ensuring accountability in online marketplaces.
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