Flipkart, LeEco, service centre penalised, told to pay Rs 14,000

Tribune News Service

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Chandigarh, September 17

For not returning a phone taken for repairs during the warranty period, the District Consumer Forum has penalised Flipkart, LeEco and HCL service centre. The three were asked to pay Rs 14,000 to complainant Harsh Allawdhi of Panchkula.

Harsh had purchased a LeEco Le 2 (Gold) mobile phone from Flipkart on December 4, 2016, for a sum of Rs 11,999. After one month of the purchase, the said mobile handset started giving multiple problems like hanging frequently, slow charging and discharging due to which the complainant was forced to charge the mobile after every two hours.

Harsh requested a friend, who works in Chandigarh, to submit the mobile phone to the authorised service centre in Sector 17 here. At the time of issuing service job sheet, LeEco assured that it would rectify the defect and return the handset to the complainant within 15 days. However after 15 days, it delayed the same on one pretext or the other. Harsh thus approached the consumer forum.

While LeEco and the HCL service centre did not respond, Flipkart pleaded that it does not sell any products to end customers. The mobile handset in question was sold by Consulting Rooms Private Limited, which has not been arrayed as a party in the present complaint.

It was urged that Flipkart is neither the manufacturer nor the seller of the mobile handset in question and hence the alleged defect in the product cannot be associated with it. It thus pleaded that there is no deficiency in service or unfair trade practice on its part.

However, the forum was not impressed with the Flipkart’s argument. It observed that since the product was sold at the platform of the e-commerce giant, it is solely liable if the product sold by a third party seller on its platform turned out to be defective. Thus, Flipkart “cannot be allowed to take a shield to evade its liability on the ground that the sellers themselves are responsible for their respective listings and products on the website.”

It thus ordered Flipkart India Private Limited, LeEco and HCL (Touch-Chandigarh) to pay Rs 5,999 to the complainant. It also ordered to pay Rs 5,000 as compensation to the complainant for unfair trade practice and harassment caused to him. In addition, they were also asked to pay Rs 3,000 as litigation expenses.

What the forum said

The forum was not impressed with the Flipkart’s argument. It observed that since the product was sold at the platform of the e- commerce giant, it is solely liable if the product sold by a third party seller on its platform turned out to be defective. Thus, Flipkart “cannot be allowed to take a shield to evade its liability on the ground that the sellers themselves are responsible for their respective listings and products on the website.”