Dist Consumer Forum directs Flipkart to pay up for deficiency in service

PUNE: The District Consumer Forum has ordered e-commerce company Flipkart to refund Rs 28,990 to a woman, who had ordered a Nikon camera but received an empty box last year. The company has also been directed to pay Rs 15,000 compensation. 

The complainant, Gaurangi Deshmukh, a resident of Sinhagad Road area, had placed an online order for purchasing a ‘Nikon DSLR’ model in February 2018 and had paid Rs 28,990. 

As per her complaint, the delivery boy handed over the package to the security guard of the complainant’s building. On opening the package, the ordered camera was missing and only an empty free deal bag was delivered. Also, the delivered package was in poor condition. The complainant had not given any instructions to hand over the product to anyone other than at the mentioned residential address of the complainant. Similarly, complainant’s father was present at the mentioned address at the time when the product was handed over to the security of the complainant’s building. 

On the same day i.e. February 5, 2018, she lodged a complaint of ‘missing product’ on Flipkart.com. The company officials assured her that the issue would be resolved. Four days later, the complainant received a call from the seller. On that phone call, the seller told that the product was found with a security person of other building. The seller also said that the found product’s seal was open and the seller offered the complainant whether she is ready to accept a seal opened product? However, she denied. The seller again offered for replacement of the product but, the complainant denied and asked for a refund as she was sceptical about the authenticity of the seller.

However, on February 10, 2018, Flipkart changed the status of the order from ‘replacement’ to ‘delivered’. The complainant had lodged multiple complaints demanding a refund with the company but had not received anything. 

She later moved the consumer forum in March last year. The forum proceeded ex-parte against the company as their representative did not appear for hearings. 

The forum in its judgement stated, “From the email conversation of the company, it is clear that, in one way or the other, it wants to harass the customer to avoid the payment made by the complainant. Certainly, the company is not providing purely gratuitous service to its customer without any consideration. Such behaviour and practice are not expected. In other words, we can say that this act and conduct of the company falls under, ‘unfair trade practice’ and ‘deficiency’ in service.”

The forum has ordered the company to refund Rs 28,990 with 9 per cent interest since February 4, 2018.