Karnataka student buys iPhone 11, gets soap; court orders e-commerce firm to pay Rs 74,000

In July last year, he filed a case before a consumer court against the managing director of Flipkart Internet Private Limited and the manager of Sane retails Pvt Ltd, a third-party seller.

While Flipkart contended it is only an online marketplace/platform between sellers and buyers of products to facilitate the transactions, the court did not buy the argument. “It cannot be permitted to claim that it is providing purely gratuitous service to its customers, without any consideration. It is certainly not the case that opposite parties are charitable organisations but involved in e-commerce with no business returns for itself,” said the court.

Stating that such behaviour and attitude cannot be expected from a company which is selling its products through online platforms. “In other words, we can say that this act and conduct of the company falls under unfair trade practice and deficiency in service because it sells or sends the wrong item than the purchased item product even after charging the full amount of the product,” the order said.

The court, on March 17, ordered a refund of Rs 48,999 (the cost of the mobile phone) and also a compensation of Rs 10,000 towards deficiency in service and unfair trade practice and Rs 15,000 for mental agony and the cost of litigation.