Pay Rs 61,000 for defective phone: Consumer panel to Flipkart, OnePlus

The complainant approached the service centre on August 8, 2023, to fix the problems, where the engineer concerned after checking the product,suggested a software update/repair and also revealed that as per their online mobile data system the product was activated on March 2, 2023; whereas the complainant purchased and received the product from Flipkart on July 17, 2023.

The complainant refused to get the said mobile repaired, upon which the service centre staff sent the complainant to the manufacturer, seller and the marketing online platform intermediary. Chawla, accordingly, took up the issue with the marketplace e-commerce entity and the online platform and seller,but there was no reply or resolution, due to which, Chawla ordered another mobile on Flipkart.

On complaint of Chawla, a notice was sent to the respondent parties seeking their version of the case. However, nobody appeared
on behalf of OnePlus Technology India, therefore, the the commission proceeded ex parte on November 24, 2023. Flipkart, in its reply, submitted that it is merely an online intermediary and neither the actual seller nor manufacturer nor the service provider of the product
and it is the seller and manufacturer who can revert on the quality and contents of the product.

It claimed that there was no deficiency in service or unfair trade practice on its part. Chandgothia argued that the opposite parties (Flipkart Internet and OnePlus Technology India) acted against the buyer’s interest by selling a defective and secondhand mobile handset under the garb of a brand-new product and thereafter, failed in fulfilling the attendant responsibilities of replacement/refund of the product, which is tantamount to unfair contract.

On the complainant’s counsel referring to the tax invoices that Flipkart issued two separate bills for a single transaction, the commission opined that the e-commerce company charged an offer handling fee of Rs 49 beyond the offer price of the mobile handset by way of a separate and discreet billing. “To our mind, these bills impose on the customer an unreasonable charge and the said billing amounts to double charging for the same purpose which is handling. A perusal of the main tax invoice showed that the opposite parties charged Rs 139 towards shipping and handling charges and by way of additional billing the opposite parties again charged for offer handling fee, which amounts to unfair contract and unfair trade practice,” held the commission.

It further stated that the act of both Flipkart and OnePlus amounts to “dark pattern” practices, as per Guidelines for Prevention and Regulation of Dark Patterns, 2023, recently notified by Central Consumer Protection Authority vide notification dated November 30, 2023.

Thus allowing the present complaint against Flipkart and other respondents, the commission said that the ends of justice would be met if the complainant is awarded a sum of Rs 10,000 on account of compensation for mental agony and physical harassment and Rs 10,000 as litigation expenses.

The commission ordered the opposite parties (Flipkart Internet, Bathla Teletech, OnePlus Technology India, and OnePlus Exclusive Service Centre, Chandigarh) to refund a sum of Rs 40,941, along with Rs 49 and Rs 49 to the complainant being the invoice price of the mobile handset and offer handling fee charged from the complainant. It also ordered them to pay Rs 10,000 as compensation and Rs 10,000 as litigation expenses to the complainant.

The commission further ordered the parties to deposit Rs 10,000 (Rs 2,500 each) in the consumer legal aid account.