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iPhone Order Turns Into Beard Oil Delivery; Consumer Court Orders Relief For Customer

A Mumbai consumer received beard oil instead of the ordered iPhone on Flipkart, and the consumer court directed relief after the delivery dispute

Summary
  • Mumbai consumer received beard oil instead of iPhone ordered through Flipkart platform.

  • Consumer court held Flipkart and seller responsible for delivery failure and inconvenience.

  • Companies ordered refund, compensation and litigation costs totaling Rs 1.81 lakh.

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Online shopping platforms allow consumers to purchase products from the comfort of their homes. When making high-value purchases, customers expect to receive the exact product they ordered. While sometimes customers may receive a different item than the one they ordered that leads to issues with sellers and platforms.

In one such case, a consumer who ordered an Apple iPhone 14 Pro from Flipkart received beard growth oil instead. The District Consumer Disputes Redressal Commission, Suburban, held Flipkart and the seller, International Value Retail Pvt Ltd, responsible and directed them to provide relief to the customer.

What Happened In The Case

According to a PTI report, the customer, a Mumbai resident, had purchased an Apple iPhone 14 Pro (128 GB) through Flipkart for Rs 1,11,793 on April 22, 2023, using a no-cost EMI facility. While the separately ordered charger and cover reached the customer, the main package delivered the next day contained beard growth oil and packing material instead of the smartphone.

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The customer approached Flipkart’s support team several times between April and May 2023 and submitted the required documents. While the complaints were closed without providing a refund or replacement.

What The Consumer Court Ruled

The commission said that Flipkart had facilitated the transaction and therefore had a responsibility to ensure proper delivery and provide an effective mechanism for addressing customer complaints. It was observed that the platform could not avoid responsibility after a consumer reported receiving a product different from the one ordered.

It also noted that closing complaints without offering a proper resolution amounted to an unfair trade practice. It also noted that the failure to take corrective action, which includes resolving the delivery issue or providing a replacement or refund, reflected a deficiency in service.

The commission also held International Value Retail Pvt Ltd responsible for failing to deliver the ordered product and address the customer’s concerns despite repeated requests. It ruled that Flipkart and the seller were jointly responsible for the loss and inconvenience caused to the customer.

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Apple India, which was also named in the complaint, was not held responsible by the commission. The company argued that it sells Apple products through independent dealers and resellers and does not control their obligations towards customers.

The commission accepted Apple India’s argument, stating that the dispute was related to the delivery of the wrong product and there was no evidence connecting the manufacturer with packaging, dispatch or the alleged service deficiency.

Flipkart and the seller were directed to refund Rs 1,11,793 with 9 per cent annual interest from April 22, 2023, until payment. They were also ordered to pay Rs 50,000 as compensation for mental harassment and Rs 20,000 as litigation costs, taking the total relief to Rs 1,81,793, excluding interest.

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