Failure To Ship/Deliver Product Despite Receiving Payment, Bangalore District Commission Holds Flipkart Liable
The Additional District Consumer Disputes Redressal Commission-I, Bangalore (Karnataka) bench of B. Narayanappa(President), Jyothi N (Member) and Sharavathi S.M. (Member) held Flipkart liable for deficiency in services due to its failure to ship or deliver a product despite receiving payment and its failure to resolve the issue. Brief Facts: The Complainant placed an order on...
The Additional District Consumer Disputes Redressal Commission-I, Bangalore (Karnataka) bench of B. Narayanappa(President), Jyothi N (Member) and Sharavathi S.M. (Member) held Flipkart liable for deficiency in services due to its failure to ship or deliver a product despite receiving payment and its failure to resolve the issue.
Brief Facts:
The Complainant placed an order on Flipkart for a "Toshiba Canvio Partner 1 TB External Hard disk drive (HDD)”. The purchase was made by the Complainant using the EMI option of a Citi Bank Credit Card, amounting to INR 3,907/-. Despite the payment, the product was never shipped or delivered to the Complainant. Flipkart's Customer Care confirmed via email that the Seller, identified as 'MPDSLE Retail' on the Flipkart App, cancelled the order due to extended delivery delays.
Following the cancellation confirmation, the Complainant made several attempts to resolve the issue through Flipkart's customer service channels, including chats and calls. However, despite assurances and attempts to cancel the order manually due to a portal error preventing self-cancellation, no refund of INR 3,907/- was issued by Flipkart. Feeling aggrieved, the Complainant filed a consumer complaint in the Additional District Consumer Disputes Redressal Commission-I, Bangalore, Karnataka (“District Commission”) against Flipkart.
Flipkart didn't appear before the District Commission for proceedings.
Observations by the District Commission:
The District Commission noted that the product was never shipped or delivered to the Complainant at the specified address. It noted that Flipkart failed to provide substantial evidence confirming the cancellation of the product. Despite the Complainant's repeated attempts to resolve the issue through Flipkart's customer care services via chats and calls, Flipkart didn't resolve the issue.
Further, the District Commission noted that the attempts by the Complainant to cancel the order manually were restricted by a portal error. The District Commission held that Flipkart failed in its obligation to deliver the product or refund the amount promptly. Therefore, the District Commission held Flipkart liable for deficiency in services.
Consequently, the District Commission ordered Flipkart to refund the amount of INR 3,907/- for the product with an interest rate of 9% per annum until payment. Additionally, Flipkart was directed to pay Rs. 2,000/- as compensation and towards litigation expenses.
Case Title: Akshay Gangadharan vs Flipkart Internet Pvt. Ltd Block B (Begonia)
Case Number: Consumer Complaint No. 376/2023
Date of Order: 19.06.2024
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