An e-commerce platform has been directed to pay Rs 27,839 to a 38-year-old advocate after it refused to refund Rs 17,839 paid for a pair of sunglasses that he had returned. According to The Indian Express, Telangana’s Rangareddy District Consumer Disputes Redressal Commission held that the online platform could not retain both the returned product and the consumer’s money when it had failed to establish that the alleged damage to the sunglasses was caused by the buyer.
The commission, comprising president Chitneni Latha Kumar and members D Madhavi Latha and Kathyayani Khandavilli, passed the order on September 21.
Sunglasses returned after purchase
Addressing the complaint, The Indian Express reported that the advocate ordered the sunglasses online on August 5, 2023, after paying Rs 17,839. The product was delivered on August 9. After examining the sunglasses, he was dissatisfied with their quality and genuineness and sought cancellation and return on August 15.
A delivery executive allegedly collected the sunglasses from his residence on August 19 after verifying the product.
The consumer said he was informed by the platform the same day that the returned sunglasses had failed its quality check and that the refund could therefore not be processed.
He argued that since the product had been accepted and taken back by the platform, any damage or discrepancy noticed later could have occurred during transportation, handling or while the product was in the custody of its delivery personnel.
He approached the consumer commission alleging deficiency in service and unfair trade practice.
Platform says returned sunglasses were damaged
The e-commerce platform argued that it merely facilitated transactions between independent sellers and buyers and that the actual contract of sale was between the seller and the consumer. It also relied on a comparison between the seller’s packing video and a video of the returned product.
According to the platform, the sunglasses had scratches and appeared to have been used. It further alleged that the outer branded box, glass cover and two cards were missing when the product was returned.
The platform also alleged that the complaint was intended to malign its reputation and secure an unjustified benefit.
Commission finds evidence insufficient
The consumer commission found that the evidence did not establish that the alleged damage or missing accessories were attributable to the consumer. It noted that there was no uninterrupted record connecting the condition of the parcel when it was handed over by the consumer with the condition of the product when it was subsequently inspected.
Therefore, the commission held that the allegations against the consumer could not be treated as proved. It also rejected the argument that the platform’s role as an intermediary completely insulated it from responsibility for the services rendered through its platform.
Quoting the commission, The Indian Express reported that the sunglasses remained with the seller even after the refund was rejected.
“Withholding both the returned sunglasses and the consideration of Rs 17,839 cannot be sustained and amounts to deficiency in service,” the commission said.
Rs 27,839 ordered to be paid
The commission directed the platform to refund the original Rs 17,839, along with 9% annual interest from August 19, 2023, until the amount is realised.
It also awarded Rs 5,000 as compensation for deficiency in service and Rs 5,000 towards litigation costs. The total monetary relief therefore comes to Rs 27,839, apart from the applicable interest.
Takeaway
This decision shows an important issue in e-commerce returns: when a seller or platform takes back a product but subsequently refuses a refund by alleging damage or missing components, it needs evidence linking that condition to the consumer.
For consumers, return confirmations, pickup records, photographs or videos of the product at the time of handover and email communications can become important evidence if a refund dispute later reaches a consumer commission.