Products Left Outside Of Flat By Delhivery Courier, Panipat District Commission Holds Nykaa And Delhivery Liable

The District Consumer Disputes Redressal Commission, Panipat (Haryana) bench comprising Dr. R. K. Dogra (President) and Dr. Rekha Chaudhary (Member) held Nykaa and Delhivery Courier liable for deficiency in services for delivering beauty products worth Rs. 17,541/- in damaged conditions when they were left outside the Complainant's house. The bench directed them to refund the purchase amount, pay Rs. 5k compensation and Rs. 5.5.k litigation costs to the Complainant.

Brief Facts:

Miss Sapna Bhandari (“Complainant”) purchased some beauty products from the online website of Nyka Fashion Pvt. Ltd. (“Nykaa”) amounting to Rs. 17,541.75/-. The delivery executive of Delhivery Courier Service (“Delhivery”) left the package outside the Complainant's flat even when it was locked. Upon the Complainant's return in the evening, it was discovered that the parcel was damaged, with oily substances leaking out. The Complainant promptly notified Nykaa and Delhivery and provided photographic and video evidence of the damaged products. Although Nykaa issued a complaint ticket to the Complainant but didn't resolve the issue. The Complainant made several communications with Delhivery and Nykaa but didn't receive any satisfactory response. Feeling aggrieved, the Complainant filed a consumer complaint in the District Consumer Disputes Redressal Commission, Panipat, Haryana (“District Commission”).

In response, Delhivery contended that it solely engaged in the business of courier delivery and lacked authorization to verify the contents, quality, or quantity of delivered items. It clarified that its responsibility was limited to delivering the pre-packaged products from the seller to the buyer's designated location. The packaging and quality of the goods fell under the purview of Nykaa. Nykaa didn't appear before the District Commission for the proceedings. Therefore, it was proceeded against ex-parte.

Observations by the Commission:

The District Commission noted that Nykaa in its mail acknowledged the products to be damaged. Further, Nykaa asked the Complainant to send the products back and promised a refund but failed to process it. The District Commission concluded that Nykaa's admission of receiving the damaged products imposed a duty on it to provide a refund to the Complainant. Since no refund was provided despite multiple requests, there was a clear deficiency in service on Nykaa's part. Moreover, both Nykaa and Delhivery failed to substantiate their claims with appropriate evidence. 

Therefore, the District Commission allowed the complaint and directed Nykaa and Delhivery to refund the cost price of the products (Rs. 17,541.75/-) to the Complainant within 45 days, along with an interest rate of 9% per annum from the date of filing the complaint. Additionally, they were instructed to pay Rs. 5,000/- as compensation and Rs. 5,500/- as litigation expenses to the Complainant.

Case Title: Sapna Bhandari vs Manager, Nyka Fashion Pt. Ltd. and Anr.

Case No.: C.C. No. 368 of 2022

Advocate for the Complainant: Complainant in Person

Advocate for the Respondent: None for Nykaa, Shri Sunil Kumar Wadhwa for Delhivery

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