Jalandhar District Commission Holds Instagram Seller Liable For Sending Damaged Garment, Failure To Resolve Grievances

Brief Facts:

The Complainant alleged that there is an Instagram page called '@fashion_insta_by_shanaya' (“Seller”) which sells women's clothing. The Complainant contacted it to purchase a women's shirt/topwear and inquired about its price. The Seller responded with a price of Rs. 900/-, and the Complainant agreed to buy it. The Complainant sought assurance from the Seller that the product would be of premium and imported quality. Convinced by its assurances, the Complainant proceeded with the purchase. It sent a QR code for payment, and the Complainant paid Rs. 900/- through Paytm. The Seller assured the complainant that the product would be delivered within 5 to 6 days.

The Complainant sent a text message to the Seller for verification of her article. The Complainant received the product within a few days. When the Complainant opened the parcel, she discovered that the shirt was defective. The defects included only three buttons, a chewing gum stick on the shirt, a rough defect on the side, and missing buttons. Despite sending messages to the Instagram ID on the same day, the Seller did not reply and only viewed the Complainant's messages. It also did not answer the Complainant's calls. Feeling aggrieved, the Complainant filed a consumer complaint in the District Consumer Disputes Redressal Commission, Jalandhar, Punjab (“District Commission”) against Fashion Insta.

The Seller didn't appear before the District Commission for proceedings.

Observations by the District Commission:

The District Commission noted that the defects included missing buttons, chewing gum stuck on the shirt, and rough defects on the side of the shirt. Despite multiple attempts to contact the Seller via Instagram and phone, the Complainant did not receive any response. The District Commission noted that the Seller's failure to respond to the Complainant's messages constituted a clear deficiency in service and negligence.

Consequently, the District Commission directed the Seller to refund the payment of Rs. 900/- with an interest rate of 6% per annum. Additionally, the Seller was ordered to pay Rs. 10,000/- as compensation for mental tension and harassment, and Rs. 5,000/- as litigation expenses to the Complainant. The Complainant was instructed to return the defective product to the Seller upon receiving the awarded amount.

Case Title: Twinkle vs Fashion Insta by Shanaya

Case Number: CC/481/2023

Date of Pronouncement: 27th June 2024