Order Name: Armaan Bakshi vs. Flipkart India Pvt. Ltd.
In a recent decision by the Gurdaspur District Consumer Disputes Redressal Commission, online retailer Flipkart was held accountable for delivering an empty package to a customer. Despite Flipkart’s argument that they only act as an intermediary between sellers and buyers, the Commission ruled that they are responsible for ensuring customers receive their orders when they receive payment for the product.
The case began when a customer, Armaan Bakshi, ordered an ‘Okami wolf Nomad laptop backpack’ from Flipkart. However, when the package arrived on July 4, 2022, it was empty, with no backpack, bill, or warranty card inside. Bakshi immediately reported the problem to Flipkart through their app and requested a refund. His refund requests were denied three times, despite providing the requested identification and consent for information usage. Left with no other option, Bakshi alleged deficiency in services and unfair trade practices by Flipkart and took his case to the Consumer Disputes Redressal Commission.
Flipkart defended themselves by stating that they were merely an intermediary and that the contract of sale is between the buyer and the seller. They argued that they had no control over prices, delivery, warranties, or after-sales services. They also pointed out that the seller, who was responsible for the product’s condition, was not named in the complaint.
However, the Commission disagreed with Flipkart’s argument. They noted that even though Flipkart was an intermediary, by accepting payment, they became responsible for the product’s delivery. The Commission also cited a previous case, ‘Flipkart Internet Private Limited vs. Arish Juneja’, to support their decision.
As a result, the Commission ruled in favor of Bakshi, declaring that Flipkart’s refusal to refund the customer constituted a deficiency in their services. They directed Flipkart to refund Rs.3,149/- to Bakshi, with an additional 9% interest from the date the complaint was filed. They also ordered Flipkart to pay Rs.1,000/- in compensation for mental distress and litigation costs.
This case highlights the importance of online retailers being accountable for the products they sell, even if they act as intermediaries. It sets a precedent that could impact future cases and serves as a reminder to consumers that their rights are protected under the law.
