Kangra District Commission Holds Shopsizo.com And Nimbus Post Liable For Non-Compliance Of E-Commerce Rules, 2020

Brief Facts:

Kshitij Korla (“Complainant”) ordered a “Maia TM Heat and Massage therapy pad” from the official website of Shopsizo.com. The website was opened through an Instagram advertisement. When the order was placed, the Complainant received a confirmation WhatsApp message from Nimbus Post's official WhatsApp number. To the Complainant's surprise, he received a toy version of the therapy pad. The Complainant visited the official website of Shopsizo.com to initiate a return and refund of the therapy pad. However, he did not find any option for replacement or return on their website. The Complainant also approached Nimbus Post for a resolution. However, it failed to disclose the seller ID or any relevant information.

As a result, the Complainant issued legal notices to Shopsizo.com and Nimbus Post. However, none of them responded to it. Feeling aggrieved, the Complainant filed a consumer complaint in the District Consumer Disputes Redressal Commission, Kangra, Himachal Pradesh (“District Commission”). Shopsizo.com and Nimbus Post did not appear before the District Commission. Thus, they were proceeded against ex-parte.

Observations by the Commission:

The District Commission observed that Shopsizo.com violated the E-Consumer Rules, 2020 which cast an obligation on e-commerce entities to display unequivocal information for customers. The mandatory details include the legal name of the e-commerce entity, the principal geographic address of its headquarters and all branches, the name and details of its website, customer care details, etc. It also mandates the e-commerce platforms to accept refund requests within a reasonable time. As Shopsizo.com failed to fulfil these obligations, the District Commission held it liable for unfair trade practices. Nimbus Post was also held liable for its failure to mention the correct address of the product, its seller, distributor or manufacturer at the time of booking. Both were directed to file an affidavit, disclosing the corrective measures that ought to be taken to ensure compliance with the E-Consumer Rules, 2020.

Additionally, Shopsizo.com and Nimbus Post were directed to pay Rs. 20,000/- as compensation and Rs. 7,500/- as litigation costs to the Complainant.

Case Title: Kshitij Korla vs Shopsizo.com and Anr.

Case No.: Consumer Complaint No. 181/2023

Advocate for the Complainant: Ms Kirti Sharma

Advocate for the Opposite Parties: None

Click Here To Read/Download The Order