Two years and zero flowers later, woman wins Rs 5,500 over missing orchids

Ordered 80 orchid plants, received none

The complainant had ordered 80 Orchid plants at the rate of Rs 25 per plant from Ummiyaaz Plants Boutique on January 18, 2024, after seeing their YouTube video. The complainant had paid a total amount of Rs 2,105, and the boutique had promised to deliver the plants within seven working days. 

After a week, when the complainant contacted the boutique, they informed her that they couldn’t send the plants due to a strike and would send them as early as possible. Later, she received another message from them asking for the Google Pay details to refund the amount as the plants were out of stock. Accordingly, she shared her bank details with them.

 Later, the boutique texted her that new stock would be available soon and they would send the plants on April 2, 2024. So, the complainant asked them not to refund the amount, and she would wait for the new stock as she had already bought the pots for planting. 

The boutique again failed to deliver the plants and said that they would surely send the plants on that day itself, but they did not send them as promised. So, she asked for a refund again. 

The complainant did not receive any message thereafter. During October, the complainant noticed that the boutique had started YouTube sale videos of the same plant, and they had increased the rate to Rs 50 per plant and changed their number. The complainant contacted them and asked for a refund or to send plants at the increased rate, and enquired about other plants mentioned in their video which were in their stock and asked to send any of the plants for the amount paid. 

On October 25, they informed the complainant that they are ready to give plants for the same rate which she had booked in January. Later, in November, they posted the list of customers who had not received the plants and the number of plants they ordered, in which they have included the complainant’s name; but the number of plants was noted as 40 instead of 80. 

In December, they issued a new list in which the complainant’s name was not included. So, she tried to contact them, but there was no response from their part. Even after asking for a refund of the amount or for the supply of the plants, the boutique did not respond or resolve the issue. 

‘Complaint allowed, refund granted’ 

The Commission noted that the boutique had failed to appear or file their version, leaving the complainant’s contentions unrebutted. It held that the failure amounted to deficiency in service, causing mental agony and financial loss.

The commission directed Ummiyaaz Plants Boutique to refund Rs 2,105 with 10 per cent interest from January 18, 2024, till realisation, and pay Rs 3,000 as compensation and Rs 2,500 towards litigation cost. It further directed them to pay the amount within 45 days, failing which the boutique would be liable to pay Rs 500 per month till the date of payment.

Consumer Takeaway

The ruling highlights that a plant boutique must ensure that booked services are provided as promised. Failure to deliver the product on time or refund the price paid by a consumer can amount to a deficiency in service and an unfair trade practice, making service providers liable to compensate consumers for the inconvenience and hardship caused.

For consumer-related grievances, individuals may contact the consumer helpline in their respective states and Union territories (Kerala: 1800-425-1550) or call the National Consumer Helpline at 1915 for assistance.