Bengaluru: A Bengaluru woman, who bought a shampoo bottle from Flipkart during the Big Billion Days sale in 2019, was shocked to find that she was charged twice the maximum retail price (MRP) of the product. She filed a complaint against the e-commerce giant and its seller in the consumer court, which ruled in her favor and ordered Flipkart to pay her Rs 20,000 as compensation.
Sowmya P, a resident of Palace Guttahalli, was lured by the attractive discounts offered by Flipkart during the sale and ordered a bottle of Patanjali Kesh Kanti protein hair cleanser on October 2, 2019. She received the product the next day and paid Rs 191 through PhonePe. However, when she checked the bottle, she saw that the MRP printed on it was only Rs 95. She also found that the same product was listed on the Flipkart app for Rs 140 with an additional Rs 99 for shipping.
Sowmya contacted Flipkart’s customer care and asked for an explanation. She was told to return the product and get a refund. She was also assured that Flipkart would take action against the seller, HBK Enterprises from Surat, for violating the MRP norms. However, Sowmya was not satisfied with the response and decided to take legal action against Flipkart and its seller for unfair trade practices and cheating.
She approached the Bangalore IVth additional district consumer disputes redressal commission in Shantinagar with a complaint against Flipkart Internet Private Limited in Varthur Hobli and HBK Enterprises in October 2019. She represented herself in court and submitted photographs and documents to support her claim.
Flipkart and its seller did not appear before the court initially, but later filed their written statements. They denied the allegations and claimed that they had no control over the pricing of the products and that they were only intermediaries. They also argued that Sowmya had not suffered any loss or injury and that she had the option to return the product.
The court, however, rejected their arguments and held them guilty of selling the product at a price more than the MRP, which is prohibited by the Legal Metrology Act, of 2009. The court observed that Flipkart and its seller had indulged in unfair trade practices and had deceived the consumer by charging more than the MRP. The court also noted that Sowmya had suffered mental agony and harassment due to their conduct.
The court, therefore, directed Flipkart and its seller to jointly and severally pay Sowmya Rs 20,000 as compensation for the mental agony and harassment caused to her. The court also ordered them to refund the excess amount of Rs 96 charged for the product along with 12% interest per annum from the date of purchase till the date of payment. The court also imposed a cost of Rs 2,000 on them. The order was passed on November 29, 2021.
