The Consumer Court ordered that Ajio.com, an online fashion retailer, issue a refund and compensation to a customer who did not receive the items they ordered. The ruling came after the customer filed a complaint about missing items in their delivery, highlighting a failure in Ajio.com’s service.
In a consumer dispute case, the District Consumer Disputes Redressal Commission-II in Chandigarh has ruled in favour of a customer against the e-commerce platform Ajio.com.
The commission directed Ajio to refund the customer for undelivered items and provide compensation for the mental distress caused.
The case, Consumer Complaint No. 520 of 2022, decided on May 1, 2024, by the bench comprising President Amrinder Singh Sidhu and Member B.M. Sharma. The complainant, Tushar Kalia, a 33-year-old resident of Chandigarh, placed an order on Ajio.com on January 18, 2022. The order included three items from the Superdry brand, a T-shirt, joggers, and a hoodie. Kalia paid a total of Rs. 6,741.24 after availing a bank discount of Rs. 354.8 against the original cost of Rs. 7,096.05. The parcels delivered to Kalia on January 21, 2022.
However, the commission found that the e-commerce platform failed to deliver the items as promised, causing mental anguish and harassment to the customer. As a result, the commission directed Ajio.com to refund the entire amount paid by Kalia and provide additional compensation for the inconvenience caused.
This ruling highlights the importance of customer protection and the responsibility of e-commerce platforms to ensure timely and reliable delivery of orders. The decision serves as a reminder for online retailers to prioritize customer satisfaction and address any issues promptly to maintain trust and loyalty in the digital marketplace.
The complainant, Tushar Kalia, a 33-year-old resident of Chandigarh, ordered three items from Ajio.com on January 18, 2022. These items included a Superdry-Train Core Graphic Logo Print Crew-Neck T-Shirt, Superdry-Train Core Joggers with Zip Pockets, and a Superdry-Train Performance Hoodie with Raglan Sleeves. After availing a bank discount of Rs. 354.8 against the total cost of Rs.7,096.05, Kalia paid Rs. 6,741.24. The parcels delivered on January 21, 2022.
Upon receiving his parcels, Kalia discovered that two packages, which were supposed to include joggers and a hoodie, had been tampered with and did not contain the ordered items. He promptly reported the issue to Ajio.com, providing photographs as evidence. Despite this, Ajio.com marked the complaint as ‘resolved’ and asserted that the items had been delivered in intact condition.
Legal Issues Involved
The main legal issues in this case were:
- Deficiency in Service: Determining if Ajio.com failed to deliver the ordered items, thereby providing inadequate service.
- Unfair Trade Practice: Assessing whether Ajio.com engaged in unfair trade practices by not addressing the complainant’s legitimate grievance.
After reviewing arguments from both parties and evaluating the evidence, the court sided with the complainant. The court asserted that Ajio.com obligated to ensure the delivery of the purchased items upon receiving payment. The court emphasized,
“The Opposite Party cannot evade its legal duty of delivering the products/items, having received payment, by simply stating that parcels were delivered in an intact and untampered condition. The consumer/complainant is concerned with the items/products that were ordered, paid for, and need to be delivered to the complainant.”
The court further concluded that Ajio.com‘s actions constituted a deficiency in service and unfair trade practice, resulting in harassment and mental distress for the complainant.
The court has instructed Ajio.com to Refund Rs. 6,741 to the complainant, Compensate Rs. 15,000 for the harassment and mental distress caused and Cover litigation expenses amounting to Rs. 5,000.
The order must be executed within 60 days from the date the copy is received.
Complainant, Tushar Kalia, represented by Sh. Vivek Adv., acting on behalf of Sh. Saurabh Arora.
Opposite Party, Ajio.com, represented by Sh. Naveen Sheokand.
Read Judgement