Man orders 2 Redmi phones from Flipkart, gets only 1, wins Rs 50,000 payout

The complainant booked two Redmi 12(Pastel Blue-128 GB) from Flipkart, and received only one. (Image source: Flipkart)

Ordered two Redmi, received one

• The complainant booked two Redmi 12(Pastel Blue-128 GB) from Flipkart.
• The value of each mobile shown on the website of Flipkart was Rs 8,328 including shipping and handling charges.
• The complainant placed an order on Flipkart by making payment, and he was further sent the invoice for the order.
• The complainant received shipment of one parcel on November 16, 2023, in which only one item was there. 
• The complainant was under the impression that the second parcel would be sent later on, and when the complainant did not receive the second parcel, he approached Flipkart, but the matter was prolonged. 
• On November 23, 2023, the complainant verified the ID for shipment and was surprised that both items had been delivered on November 16, 2023. 
• The complainant approached Flipkart on their customer care number, but for one reason or the other, Flipkart was not ready to redress the grievances of the complainant.
• Despite requests made by the complainant, Flipkart and the seller, Arna Ventures, refused to deliver the second item to the complainant. 
• The complainant has suffered mental tension, and pecuniary loss has been caused to the complainant, and it has been prayed that the complaint be allowed.

‘Complainant waited for another phone ‘

The Himachal Pradesh Consumer Court noted that the complainant had paid Rs 8,328 for each mobile phone, but only one mobile was found in the parcel delivered by Flipkart.

It was noted that the complainant had made a request to Flipkart and the seller to send the second mobile set, but it was not sent. 

The commission took note of the complainant’s produced records, including tax invoices, bills showing the value of each handset was Rs 8,328, and the complainant had paid the amount to Flipkart and the seller.

It was noted that the complainant was under the impression that the second mobile handset would be sent later on, and he learned on November 23, 2023, that both items had been delivered, but only one handset was received on November 16, 2023, and the second one was never delivered.

In the absence of any record produced by Flipkart and the seller to show that both items were sent to the complainant and both were received by him, the commission said that the evidence of the complainant was unrebutted.

In view of aforementioned material on record, the commission allowed the complaint and held Flipkart and the seller jointly and severally liable, directing them to deliver the mobile handset Redmi 12(Pastel Blue-128 GB) to complainant within two months from today failing which to refund amount of Rs 8,328 to complainant along with interest at the rate of 9 per cent per annum from date of filing of the complaint till realisation. 

It was also noted that since the complainant was forced to file the complaint, the commission directed them to pay Rs 30,000/- on account of mental tension and harassment and Rs 20,000 towards litigation expenses.

Ministry of Consumer Affairs on E-Commerce

According to experts, the Ministry of Consumer Affairs, GoI, through the Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020, brought online marketplaces within the consumer protection framework. Recognising that consumers often rely on the platform’s reputation and may not know the identity or credibility of third-party sellers, the law imposes obligations relating to transparency, seller disclosures, and grievance redressal.

Consumer takeaway from case

The ruling underscores that a consumer cannot be deprived of their right to claim when they have produced all the documents in favour of their case. It highlights that Flipkart failed to deliver two mobile phones and delivered only one Redmi mobile instead of the ordered quantity, which was two, causing mental agony to the consumer.

In this case, the commission directed Flipkart to pay Rs 50,000 as compensation and the expenses incurred in pursuing the proceedings, reaffirming the consumer’s entitlement to redress the grievance of survival.

Aggrieved consumers may contact the consumer helpline in their respective states (Himachal Pradesh helpline: 1800-180-8087) or call the National Consumer Helpline at 1915 for assistance.