Monday(on 22nd April),The West Bengal State Consumer Commission fined a retailer Rs.30,000 for selling counterfeit whey protein on Flipkart, ordering a Rs.6,524 refund to the buyer.
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WEST BENGAL: Monday(on 22nd April), The West Bengal State Consumer Disputes Redressal Commission has taken strict action against a retailer for selling counterfeit whey protein powder to a consumer via the popular e-commerce platform, Flipkart. The commission has imposed a penalty of Rs.30,000 on the retailer and has ordered a refund of Rs.6,524 to the affected consumer.
The judgment was delivered by a Coram consisting of Presiding Member Kundan Kumar Korai and member Swapan Kumar Das. The commission arrived at its decision after careful consideration of the evidence presented, including documents and the testimony of the complainant. The retailer, unfortunately, failed to contest the claim, and the evidence clearly established the sale of a counterfeit product.
As per the directive, the Commission mentioned-
“However, OP no.2 did not contest the claim, and the evidence in Annexures C 1, 2, and 3, combined with the unchallenged testimony of the Complainant, clearly indicates that OP no.2 not only sold the product in question but it was also determined to be a counterfeit.”
The complainant had initially purchased the supplement, which was purportedly manufactured by the well-known US-based brand Muscletech. However, upon closer inspection, he discovered that the product did not have the ‘scratch code’ that authentic Muscletech supplements possess. Concerned about the genuineness of the product, the consumer reached out to Flipkart’s customer support for assistance.
The customer support team at Flipkart advised the complainant to verify the authenticity of the product with Shri Balaji Overseas, a trusted importer of Muscletech supplements. The importer confirmed the consumer’s suspicions by confirming that the product in question was indeed a counterfeit.
Following this revelation, the complainant sought a refund from the retailer but was unsuccessful in obtaining one. Frustrated and wanting to seek justice, he approached the West Bengal State Consumer Disputes Redressal Commission, filing complaints against Flipkart, the retailer, and the importer.
During the proceedings, Flipkart contended that it was merely an intermediary and argued that it should not be held liable for the sale of counterfeit products. Flipkart further informed the Commission that it had taken action by blacklisting the seller. The retailer and the importer, on the other hand, did not appear to contest the complaint and were thus proceeded against ex-parte.
The Commission acknowledged that, under Rule 5 (Liabilities of marketplace e-commerce entities) of the Consumer Protection (E-commerce) Rules, Flipkart could be held responsible for certain liabilities. However, since there was no evidence to demonstrate a violation, the claims against Flipkart were not proven.
Nevertheless, the Commission noted that Flipkart should have taken a more stringent approach to prevent the sale of counterfeit products, especially considering the potential health risks associated with consuming such items. It highlighted the lack of evidence indicating that Flipkart had taken action against the seller.
Ultimately, the Commission concluded that the evidence presented by the complainant established the sale of a counterfeit product. Consequently, it held the retailer accountable for not only refunding the purchase price but also compensating the complainant for the mental and physical distress caused. The Commission emphasized the importance of safeguarding consumer rights and ensuring that appropriate measures are taken to prevent the sale of counterfeit goods.
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The Commission dismissed the complaint against the importer, as no case was made against them. However, it directed the retailer to refund Rs.6,524 to the complainant, along with providing compensation of Rs.20,000 for the mental and physical agony endured and Rs.10,000 for litigation costs.
Case Title:
Jamal Haider v Flipkart Internet Private Limited and Ors.
