The Consumer Protection Act, 1986 was enacted to give customers the power to put ones grievances in front of the appropriate body and get quick and simple justice for any wrong done. Every person has the power to purchase and consume products and services but one needs to be aware that he always get the proper product or service for the money that he pays.

Fine for Delivering Wrong Product
Fine for Delivering Wrong Product

CONDITIONS FOR FILING THE COMPLAINT

The things to be remembered while filing a consumer case are:

  1. The consumer complaint has to be filed within two years from the date on which the cause of action arose.
  2. The jurisdiction of the District Forum or the State Commission has to be specifically followed.
  3. Every complaint has to be supported by proofs such as invoices, bills etc.

FACTS OF THE CASE

 In a case, online shopping website Myntra has been fined for delivering wrong product. The facts of the case are:-

  • Aseem Bansal, a resident of Sector 22 of Chandigarh, stated that in his complaint that on June 13, 2016 he had ordered Roush Club Men Black Oxford Shoes worth Rs. 2725.
  • The shoes did not match to the description as provided on the e-commerce website.
  • The complainant raised his grievance with the customer care not only telephonically on the registered customer helpline, but also through various e-mails, pursuant whereof on June 24,2016 the product was picked up by Myntra representative, but no refund was initiated for the same.
  • Eventually, he served a legal notice upon them on January 4,2018, but the same did not yield the desired results.
  • He filed a consumer complaint alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on their part.
  • Myntra authorities replied that the product was purchased from the third-party seller who had sold the product to the complainant and supplied it to him through third party logistic service provider.
  • Thus, they have no involvement as it is an intermediary which provides online platform to facilitate the whole transaction of sale and purchase of goods by the respective sellers and buyers on its platform.
  • They prayed for the dismissal of the complaint pleading that there is no deficiency in service or unfair trade practice on its part.

JUDGEMENT

  • The district consumer disputes redressel forum after hearing both sides stated that perusal of the e-mails clearly speak that at one stage, Myntra was ready to refund or replace the product in question, but to the reasons best known to them, they refused the complainant for the same.
  • Myntra has taken the plea that the product in question was used by the complainant for three days and hence, the refund was refused.
  • However, there is no concrete evidence on record to show that the pair of shoes in question were used by the complainant, was in torn condition or was non-replaceable due to any reasons.
  • Hence, the act of sending a wrong product and later on non-refunding or non-replacing the same amounts to deficiency in service and unfair trade practice, which certainly caused immense physical and mental harassment to the complaint.
  • Therefore, the forum directed Myntra designs to pay Rs.5,000 for delivering a wrong product than what was ordered and then not refunding the money.

This post is written by Dipti Prakash of Punjab University (2020 batch). For more info on consumer matters, feel free to dial 99888-17966.

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