Bangalore District Commission Holds Flipkart Liable For Failure To Return After Cancellation Of Order Twice, Orders Refund And Compensation
The Additional District Consumer Disputes Redressal Commission-I, Bangalore (Karnataka) bench comprising Sri B. Narayanappa (President), Smt. Jyothi N (Member) and Smt. Sharavathi S.M. (Member) held Flipkart liable for cancelling the Complainant’s order two times due to unforeseen circumstances and for failing to refund the deducted amount. Flipkart was directed to refund...
The Additional District Consumer Disputes Redressal Commission-I, Bangalore (Karnataka) bench comprising Sri B. Narayanappa (President), Smt. Jyothi N (Member) and Smt. Sharavathi S.M. (Member) held Flipkart liable for cancelling the Complainant’s order two times due to unforeseen circumstances and for failing to refund the deducted amount. Flipkart was directed to refund the purchase price of the product, pay Rs. 1,000/- as compensation for mental agony and Rs. 1,000/- as litigation costs.
Brief Facts:
Mr Vishnu S (“Complainant”) purchased a Casio analogue men's watch, worth Rs. 2,995/-, from the online shopping website, Flipkart on October 14, 2021. After the item was shipped, he received a message stating that the order was cancelled due to a product price error. Subsequently, the Complainant placed the same order for the second time, which was also cancelled and he was informed that a refund would be processed. Meanwhile, the Complainant filed a complaint on the National Consumer Helpline. As a resolution, a new order, showing an exceeded amount of Rs 15,000/-, was placed by Flipkart itself. However, the Complainant did not receive this order and neither his initial payment was refunded. Feeling aggrieved, he filed a consumer complaint in the Additional District Consumer Disputes Redressal Commission-I, Bangalore (“District Commission”). Flipkart failed to file a version in response to the allegations made by the Complainant.
Observations by the Commission:
The District Commission noted that it was evident from the documents produced by the Complainant that his order was cancelled due to unforeseen circumstances and even after placing the 2nd order, Flipkart failed to process his refund. It further held that Flipkart is bound by its duty to refund the amount for cancelled products and if fails to do so, its conduct would amount to unfair trade practice.
Further, Flipkart also failed to respond to the contentions made by the Complainant. Consequently, the District Commission directed Flipkart to refund the cost of the watch, Rs.2,995, along with interest at 12% per annum. Further, it was directed to pay Rs.1,000/- as compensation for causing mental agony and stress to the Complainant, along with Rs.1,000/- towards litigation expenses incurred by the Complainant.
Case Title: Vishnu S S vs Flipkart
Case No.: CC/114/2022
Advocate for the Complainant: Party in Person
Advocate for the Respondent: None (Ex-parte)