Thane: The South Mumbai District Consumer Disputes Redressal Commission, has held both Flipkart Internet Pvt Ltd and Thomson TV India Pvt Ltd jointly responsible for deficiency in service and unfair trade practices. The commission directed both companies to refund ₹13,999, along with nine percent annual interest, to complainant Pankaj Soni for failing to address defects in a television purchased online.
Soni, a resident of Colaba, had purchased a Thomson LED TV from Flipkart on February 19, 2021. The television started exhibiting multiple issues—power failures, sound distortion, and display defects—shortly after delivery. Despite repeated complaints and attempts to reach customer support, neither the manufacturer nor the online platform provided a replacement or repair.
In its defense, Flipkart argued that it merely acted as an intermediary platform and should not be held responsible for the product’s quality. Thomson, on the other hand, claimed that the TV was under warranty and alleged that any defects could have been caused by mishandling.
The bench observed that Flipkart’s name was featured on the invoice and that its platform facilitated post-sale communication, thus implying an active role in the transaction. The order emphasized that under the Consumer Protection (E-Commerce) Rules, 2020, intermediaries cannot shirk responsibility when they play a central role in sales and grievance redressal.
The Commission also cited key precedents from the Supreme Court and the National Consumer Disputes Redressal Commission, reaffirming that failure to resolve post-sale complaints amounts to deficiency in service and unfair trade practices.
Accordingly, the Commission ordered, “A full refund of Rs 13,999 to the complainant with 9 per cent interest from the purchase date. Rs 15,000 as compensation for mental agony and inconvenience, Rs 5,000 towards litigation costs. Rs If the payment is delayed beyond 30 days, a 12 per cent interest will apply on the total amount until actual realization.”
