Flipkart Ordered To Pay Rs 10,000 Over Refusing Return of Fake Product
A District Consumer Disputes Redressal Commission in Mumbai (Suburban) has ordered Flipkart to pay Rs. 10,000 to a buyer, alongside a full refund, for not accepting returns on an order. The ecommerce giant, alongside the seller of the product, will also have to issue a refund of Rs. 4,641 at an interest rate of 9% per annum to the affected customer. The court passed the judgement ex-parte as neither Flipkart nor the seller appeared in court.
Background:
According to the judgement, the complainant purchased 13 containers of an energy drink mix from Herbalife in October 2023. However, at the time of opening the package, she discovered that the product had abnormal colour and texture, and confirmed that she had received counterfeit goods.
The complainant sought to return the products, however, Flipkart blocked her requests stating that the product had no return policy.
What Was The Commission’s Reasoning?
The dispute redressal forum found that by not accepting the return of the product by citing a ‘no return policy,’ both Flipkart and the seller had adopted an unfair trade practice. Further, since the seller had failed to refund or replace the product, there was a deficiency in their service.
“We therefore observe that the Opposite Party number 1 and 5 [Flipkart and the seller] are responsible for sale of the product, and if the product is sought to be returned by the Complainant for want of the quality issue, she is entitled to get the amount paid for it from the Opposite Party nos. 1 and 5,” said the commission.
At the same time, it also dismissed charges against Prabhu Balasrinivasan, Yogesh Gupta and Swati Biswas, the directors of Flipkart. The complainant had made no personal allegations against these three, but simply named them as directors of the company. She had also asked for Rs. 50 lakh in damages and alleged that the products had harmful ingredients. However, the court observed that the complainant had failed to substantiate these claims and thus dismissed them.
This is the second time a Mumbai consumer court took action against Flipkart this year. In March, the e-commerce firm had to pay Rs 10,000 to a man due to the “mental harassment” he suffered after it cancelled an iPhone order.
The Competition Commission of India also found Flipkart guilty of anti-competitive conduct in September, for ranking its preferred sellers higher in search results.
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