E-commerce platform & seller directed to pay refund for defective air cooler

Bengaluru: A Bengalurean bought an air cooler to seek some respite from summer heat two years ago, but he had to sweat it out since, following up multiple times for a refund or replacement for the product. For, the air cooler he had purchased from Flipkart was defective. Finally, he found some relief after the Bangalore Urban I additional district consumer disputes redressal commission recently held the e-commerce platform and the seller guilty of unfair trade practices.
Sumit Chand, 29, a resident of Hunsamaranahalli, purchased the air cooler on April 21, 2023. The seller, Kaushalya Logistics, marketed the product under Flipkart's ‘assured' tag, which supposedly guaranteed quality and durability. However, after receiving the order the following day, Sumit was disappointed as the cooler had multiple defects, including discrepancies in specifications and malfunctioning components.
Sumit contacted the e-commerce platform, seeking a replacement, but all requests fell on deaf ears. Even though the social media team of Flipkart responded to his queries, the request was later closed without being resolved.
When Sumit raised a return request, citing ‘wrong item and different specifications', the seller arranged a technician visit through Flipkart on May 13, 2023. The technician confirmed the product was defective. However, no action was taken to resolve it. Frustrated by the lack of support, Sumit filed a complaint with the consumer forum on July 12, 2023, alleging financial loss and deficiency in service.
Flipkart told the commission that it merely facilitates transactions between independent third-party sellers and buyers. It argued that since the seller is a separate entity, Flipkart can't be held responsible for any issues with the product.
The company claimed the seller had refunded Rs 5,899 on July 19, 2023 to Sumit's credit card, through which he had originally paid for the product. Flipkart accused Sumit of suppressing facts to harass and extort money. Kaushalya Logistics was absent and was placed as ex parte.
After reviewing all the documents, the commission observed that Flipkart and Kaushalya Logistics had supplied a defective Symphony 27L cooler that failed to meet the advertised specifications. The commission further stated that Flipkart failed to provide any documentary proof about the refund, and both Flipkart and the seller had engaged in unfair trade practices by misrepresenting the product and refusing to take back the defective item.
The commission ordered Flipkart and Kaushalya Logistics to refund Rs 5,899 with 10% annual interest from the date of payment until realization, and also pay the complaintn Rs 3,000 to cover his litigation costs.