Wrong Product Delivery Amounts To Deficiency In Service; Kurnool District Consumer Commission Imposes ₹2 Lakh Punitive Damages On Perfume 24x7
The District Consumer Disputes Redressal Commission, Kurnool, comprising Sri Karanam Kishore Kumar (President), Sri N. Narayana Reddy (Member) and Smt. S. Nazima Kausar (Member), has held Perfume 24x7.com guilty of deficiency in service and unfair trade practice for delivering products completely different from those ordered online, and directed refund along with compensation and punitive damages. The Commission emphasised that once consideration is paid, a seller is legally bound to deliver the exact goods ordered, and failure to do so constitutes a breach of contract.
Facts of the Case
The complainant, Kodila Krishan Chaitanya, placed an online order on 15.11.2025 for two perfumes—Jovan Musk Cologne for Men (88 ml) and Jovan White Musk Cologne for Men (88 ml)—for a total consideration of ₹2,479. The products were delivered on 20.11.2025. However, upon opening the package, the complainant discovered that entirely different products had been supplied, namely Lomani Body and Soul Eau De Toilette (100 ml) and Roger & Gallet Open Eau De Toilette (100 ml).
The complainant recorded an unboxing video showing that the sealed package contained the wrong products and immediately raised a complaint with the opposite party through email and WhatsApp, sharing video and photographic evidence. Despite repeated assurances and follow-ups, the opposite party failed to provide any effective resolution. Instead, it offered only a conditional credit note requiring a minimum purchase of ₹5,000, without any written confirmation, and refused refund or replacement.
Aggrieved, the complainant approached the Consumer Commission. Despite service of notice, the opposite party failed to appear before the Commission and was set ex parte.
Observations & Decision
The Commission observed that it was undisputed that the complainant had paid consideration for specific products, but the goods delivered were entirely different. It placed significant reliance on the unboxing video, noting that it clearly demonstrated that the sealed package contained incorrect items.
Holding that the supply of wrong goods constitutes deficiency in service and breach of contractual obligation, the Commission further noted that the opposite party's conduct in denying responsibility, insisting on a conditional credit note, and attempting to evade liability amounted to an unfair trade practice. It also found that the conduct of the opposite party, including removal of product listings and insistence on withdrawal of the complaint, lacked bona fides and undermined consumer rights.
Relying on settled principles, the Commission reiterated that once consideration is paid, the seller is bound to deliver the exact goods ordered, failing which liability arises for refund and compensation.
Allowing the complaint in part, the Commission directed the opposite party to refund ₹2,479 to the complainant. It further awarded ₹20,000 as compensation for mental agony and inconvenience, and ₹5,000 towards litigation costs. Additionally, considering the nature of the misconduct, the Commission imposed punitive damages of ₹2,00,000, to be credited to the National Consumer Welfare Fund.
The Commission directed compliance within 45 days, failing which the awarded amounts would carry interest at 12% per annum until realisation.
Case Title: Kodila Krishan Chaitanya v. Perfume 24x7.com
Case No.: Consumer Complaint No. 18/2026