Ordered diapers for 1.5-year-old daughter, ‘never’ delivered: Father wins Rs 22,500

The man ordered diapers worth Rs 1,429 for his one-and-a-half-year-old daughter, but the order was allegedly cancelled without his consent.

courier company daughter father Rs 22,500 diapers onlineThe commission found that company that provided the platform for online shopping could not be held responsible in this case. (AI-generated image)

A Kerala consumer commission has found a courier company deficient in service and engaged in unfair trade practices after a man’s online order for diapers worth Rs 1,429 was allegedly repeatedly delayed and eventually cancelled. It directed the courier company to pay Rs 22,500 to the man, noting that the diapers, ordered for his one-and-a-half-year-old daughter, reached the delivery hub within a day but were never delivered.

President George Baby and member Nishad Thankappan of the Pathanamthitta District Consumer Commission were hearing a complaint filed by a man who ordered diapers worth Rs 1,429 in March 2025, but the parcel allegedly was not delivered, and the order was eventually cancelled.

“The repeated postponement of delivery of an essential household product, the need for repeated customer-care complaints, the contradictory delivery status and the eventual return of the consignment after the complainant had repeatedly sought delivery constitute genuine inconvenience and mental harassment warranting reasonable compensation,” the commission observed on August 21. 

The commission also held that the company providing the platform for online shopping could not be held responsible in this case because the online retail business was handled by another company and not the said brand itself.

Order cancelled without consent

The man claimed that he ordered diapers worth Rs 1,429 for his one-and-a-half-year-old daughter on March 9, 2025. The product was expected to be delivered by March 12 and was dispatched the same day.

The product reached the nearest delivery hub the next day but was not delivered. The complainant said that on March 14, he received an “out for delivery” message naming a delivery agent, but the agent allegedly told him that he was not assigned to that route and did not know about the parcel.

He repeatedly complained to the courier company and the online seller and also approached the National Consumer Helpline. The complainant said that, despite repeated assurances from the courier company, the parcel was not delivered on the subsequent dates. On March 24, 2025, the online seller cancelled the order and started a refund without his consent, he claimed.

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The courier company, however, claimed that the man had refused to provide the OTP needed to complete the delivery.

He alleged that he was not given a proper reason for the cancellation and was also not provided an invoice. The complainant also said he had paid Rs 1,200 for a membership linked to the online platform, expecting priority delivery and other benefits.

The man added that he had to buy diapers from local shops at a higher price after the order failed to arrive. Aggrieved, he filed the complaint before the commission.

The courier company, through advocate Naveen A Varkey, argued that it was only responsible for delivering the parcel and that the purchase itself was between the complainant and the online seller. It also claimed that the man had not provided the OTP needed to complete the delivery and that technical problems and other operational difficulties had contributed to the delay.

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‘Take corrective measures’

The commission directed the courier company to improve its internal system and ensure that delivery updates are recorded accurately. A parcel should not be marked as “refused by customer” unless there has actually been a delivery attempt and there are records to prove it.

The commission ordered the courier company to pay Rs 15,000 for the inconvenience, mental agony and loss suffered by the man, along with Rs 7,500 towards his legal expenses, within 30 days. If the amount was not paid within that period, it would carry 9 per cent annual interest.

Takeaway

The ruling highlights that a courier company cannot simply mark a parcel as “customer refused” without proof that a delivery was actually attempted.

For consumer-related grievances, individuals can 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.

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Richa Sahay is a Legal Correspondent for The Indian Express (Digital), where she focuses on simplifying the complexities of the Indian judicial system. A law postgraduate, she leverages her advanced legal education to bridge the gap between technical court rulings and public understanding, ensuring that readers stay informed about the rapidly evolving legal landscape. Expertise Advanced Legal Education: As a law postgraduate, Richa possesses the academic depth required to interpret intricate statutes and constitutional nuances. Her background allows her to provide more than just summaries; she offers context-driven analysis of how legal changes impact the average citizen. Specialized Beat: She operates at the intersection of law and public policy, focusing on: Judicial Updates: Providing timely reports on orders from the Supreme Court of India and various High Courts. Legal Simplification: Translating dense "legalese" into accessible, engaging narratives without sacrificing factual accuracy. Legislative Changes: Monitoring new bills, amendments, and regulatory shifts that shape Indian society. ... Read More

 

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