BENGALURU CONSUMER COURT IMPOSES PENALTY ON FLIPKART

RECENTLY BENGALURU DISTRICT CONSUMER FORUM DIRECTED ONLINE MERCHANT FLIPKART TO REFUND AN ANOUNT OF RS. 13,999/- ALONGWITH COMPENSATION OF RS. 10,000/- TO A 80-YEAR OLD FOR CAUSING MENTAL AGONY.

BRIEF FACTS

An 80 -Year Old Consumer ordered a treadmill on the online site of Opposite Party Flipkart. In compliance the treadmill was delivered to the consumer. At the time of installation of the product, it was revealed by the technician that the treadmill is faulty. On coming to know that the consumer returned the product to Flipkart and sought replacement.

Initially Flipkart failed to replace the product but in some time, the replaced product was delivered to consumer, however, despite requests they failed to send the technician. When consumer tried to fix the same on its own, it was found that the product was of some other company. In other words, it was not the same product which has been initially ordered by the consumer.

With no resolution, the consumer was left with no other option but to file the consumer complaint.

After due service, Flipkart appeared before the court and objected the same on the ground that since Flipkart is mere intermediary, therefore it has no liability. Moreover, it was pleaded that there was no contract of consumer with Flipkart. That is, both buyer and seller must settle the dispute and Flipkart has no role to play.

CONCLUSION

Upon going through the documents on record, it was found that Flipkart cannot take the plea that it is mere intermediary and thus has no liability. It was the duty of Flipkart to arrange the product of same brand at the time of replacement. By not doing so, it has caused a deficiency of service, for which the consumer must be compensated. Thus, the Consumer Court ordered for a refund amount of Rs. 13,999/- coupled with compensation of Rs. 10,000/- for casuing mental agony to the 80-year old complainant.

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