Journalism of Courage
Paid for protein powder online but ‘got nothing’, Himachal man wins Rs 58,000
A consumer forum in Himachal Pradesh ordered an online seller to refund Rs 7,875 and pay Rs 50,000 to a man after allegedly failing to deliver protein and creatine supplements he had ordered.
The complainant said he had ordered protein powder and other supplements online from a Delhi-based seller and was assured him that it would be delivered within seven days. (AI-generated image)
A consumer forum in Himachal Pradesh recently directed an online health supplement seller to refund Rs 7,875 and pay an additional Rs 50,000 to a customer who paid for protein powder and creatine supplements but alleged that he neither received the products nor got his money back.
President D R Thakur and members Minakshi Rana and Anoop Kumar of the Una District Consumer Disputes Redressal Commission observed that the opposite party’s act of neither delivering the product nor refunding the price amounted to deficiency in service.
“Complainant has proved this fact that opposite party (seller) has taken amount of Rs 7,875 from him but despite request made by complainant neither opposite parties had delivered the article nor had paid back the amount of Rs 7,875 to complainant which is deficiency in service on behalf of opposite party and therefore complainant is entitled to the claim,” the August 24 order read.
Neither supplements nor refund
The complainant stated that he had booked protein powder and creatine monohydrate supplements online from a Delhi-based seller and paid for them. The seller had allegedly assured him that the consignment would be delivered within seven days.
However, the complainant stated that the products were not delivered within the promised period and when he contacted the seller, he was repeatedly assured that the consignment would be delivered within a day or two. Even after waiting for about 15 days and making further inquiries, the products were not delivered, and the seller eventually refused to supply them, according to the complaint. The opposite party did not appear before the consumer commission or file a reply and was proceeded against ex parte.
The commission evaluated the complainant’s affidavit and the payment receipt, which showed that Rs 7,875 had been paid to the seller on June 11, 2022. It found that despite taking the payment, the seller had neither delivered the supplements nor refunded the amount.
Finding this to be a deficiency in service, the commission allowed the complaint. It directed the seller to refund Rs 7,875 within 30 days of receiving a copy of the order. The seller was also directed to pay Rs 30,000 for mental tension and harassment and Rs 20,000 towards litigation expenses.
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Takeaway
The order highlights that an online seller cannot retain a customer’s money after failing to deliver a product. The commission treated the failure to either supply the supplements or refund the payment as a deficiency in service and awarded additional compensation for the customer’s mental harassment and litigation costs.
Aggrieved consumers may contact the consumer helpline in their respective states (Himachal Pradesh: 1800-180-8087) or call the National Consumer Helpline at 1915 for assistance.
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