Failure To Deliver Gifts on Time, Hyderabad District Commission Holds Ferns N Petals For Deficiency In Service

Brief Facts:

Mr. T. R. Padmakaram (“Complainant”) brought gift articles from the website of Ferns N Petals (“FNP”), and paid Rs. 1,311/- through her credit card. However, later, the Complainant was informed by his friend that the ordered gift article was not delivered. Subsequently, the Complainant received information from FNP that the order was delivered a few days later. When the Complainant contacted FNP regarding the delayed delivery, he was informed that such delays were inevitable. The Complainant stated to FNP's representative that had he has been informed about the potential delay at the time of placing the order, he would not have proceeded. However, the Complainant didn't receive a satisfactory response from FNP.

Thereafter, the Complainant approached the District Consumer Disputes Redressal Commission – I, Hyderabad, Telangana (“District Commission”) and filed a consumer complaint against FNP. The Complainant argued that FNP engaged in the business of providing and dispatching gift articles such as flower bouquets, cakes, saplings, and other items, failed to fulfill its contractual obligations promptly. FNP didn't appear before the District Commission. Therefore, it was proceeded against the ex-parte.

Observations by the Commission:

The District Commission noted that FNP, in its promotional advertisement, claimed to provide gift-delivery services since 1994 and pledged to deliver the orders on time. However, the District Commission noted that FNP not only failed to deliver the order on time but also didn't let the Complainant cancel the order. Therefore, the District Commission held that the failure on the part of the FNP to provide accurate information about delivery timelines constituted unfair trade practice on its part.

Considering the absence of FNP during the proceedings, the District Commission held that the Complainant's evidence remained unchallenged and unrebutted. Therefore, the District Commission held FNP liable for unfair trade practices.

Consequently, the District Commission directed FNP to refund Rs. 1,311/- to the Complainant and pay a compensation of Rs. 5,000/- along with Rs. 5,000 for the litigation costs.