Ernakulam consumer panel orders retailer to pay compensation for delivering faulty phone
The compensation included ₹55,000 that the consumer had paid for the phone, ₹10,000 towards misrepresentation and causing mental agony to him, and ₹5,000 as the cost of proceedings.
The order dated April 30, 2025 issued by the panel led by D.B. Binu, president of the panel, said that the online retailer had allegedly showcased the mobile as a brand-new smartphone with warranty. Instead, they delivered an old, used, and defective handset of the 2021 model without accessories.
The authorised service centre had informed the complainant that there was no valid warranty for the device. The online retailer later admitted that they dealt with refurbished units, which was not disclosed at the time of the sale, it said.
The panel found that a refund was not made despite the consumer returning the device and issuing repeated reminders. The non-delivery of the promised product and failure to refund the amount despite the return of goods amount to deficiency in service under Section 2(11) of the Consumer Protection Act, 2019. The opposite parties consciously refrained from filing their version even after serving the notice. Thus, the allegations stand unchallenged, according to the order.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Mint
12 hours ago
- Mint
Consumer watchdog to turn the screws on hotels and online aggregators making false claims
New Delhi: Online travel aggregators often get away with blaming hotels for misleading consumers, but they may not be able to for too long. If the hotel room you booked via a travel aggregator falls short of what was promised online, India's consumer protection watchdog wants to hold the booking platform accountable. While properties making misleading claims would have to be delisted from platforms such as MakeMyTrip, EaseMyTrip, and Yatra, the Central Consumer Protection Authority also plans to fix responsibility on aggregators that fail to vet property claims or don't act on consumer complaints. 'The CCPA has come to know through various social media posts that several online platforms are failing to verify the authenticity of claims made by property owners and are listing properties without proper checks. This constitutes an unfair trade practice under the Consumer Protection Act," an official involved in CCPA's process told Mint. CCPA plans to review hotel listings and claims made by aggregators as well as analyse complaints on social media platforms or the National Consumer Helpline to identify patterns of misleading claims and recurring service deficiencies, the official said. The consumer protection watchdog also plans to hold meetings with booking aggregators and representatives from the hotel industry to assess how properties are vetted and the redressal mechanisms available for consumers, said a second official. CCPA is likely to issue an advisory in consultation with the industry to protect the interests of consumers, this official added. Queries emailed to the spokespersons of MakeMyTrip, EaseMyTrip, Yatra, Goibibo, Agoda, and Ixigo on 14 July, and to the consumer affairs ministry on 21 July remained unanswered. A matter of trust CCPA's move is aimed at ensuring greater accountability and transparency on online travel and accommodation booking platforms, which have become the go-to tools for domestic and international travellers. 'These platforms are trusted by users who often pay in advance, but when the promised services are not delivered, consumers find themselves at the mercy of the aggregators to secure refunds. This process is neither fair nor consumer-friendly," said Ashim Sanyal, chief executive of Consumer Voice, a nonprofit consumer protection group. Hotel industry experts are also on board with CCPA's plans, saying unethical listings on online aggregators were damaging traveler trust and affecting genuine hoteliers. Ved Khanna, board member, Federation of Associations in Indian Tourism and Hospitality, said a recurring concern was listings on digital booking platforms falsely showing substandard properties as 3-star or 4-star hotels. 'This not only damages traveler trust but also affects genuine hoteliers and licensed operators in the region. Tourism bodies are urging the platforms to be accountable and strictly verify listings, particularly in sensitive destinations like Kashmir, where a bad experience could disproportionately amplify apprehensions," said Khanna. India's online travel market—which includes online travel agencies, direct bookings, and other digital travel services—is projected to grow to $124 billion by 2033 from $51 billion in 2024, according to market research firm IMARC. What CCPA can do The Central Consumer Protection Authority, India's newest regulator, has been actively taking on companies across sectors, including e-commerce giants, cab aggregators, coaching centres, and even celebrities and influencers for misleading consumers. Mint reported on 10 March 2024 that CCPA had facilitated refunds amounting to ₹1,453 crore for air tickets booked during the covid-19 pandemic. The refunds were secured from travel aggregators including Yatra, MakeMyTrip, ClearTrip, EaseMyTrip, Ixigo, and Thomas Cook. The regulator can impose penalties of up to ₹50 lakh on entities found making misleading advertisements and false claims or refusing to refund payments to consumers, which are defined as unfair trade practices under Section 2(47) of the Consumer Protection Act, 2019. CCPA is also empowered to initiate class action proceedings against offenders on behalf of a group of affected consumers, as per Section 18(2)(b) of the Consumer Protection Act. The authority can also file complaints before the Consumer Commission in cases involving unfair trade practices, misleading advertisements, or violations of consumer rights.
United News of India
a day ago
- United News of India
SC issues notice on PIL seeking display of seller details on consumer goods
New Delhi, Jul 21 (UNI) The Supreme Court today issued notice on a public interest litigation (PIL) seeking enforcement of consumers' 'Right to Know' the identity and details of sellers and intermediaries involved in goods and services. A bench comprising Justice Vikram Nath and Justice Sandeep Mehta sought responses from the Centre and all States within four weeks. The petition highlights that consumers must be informed not only about the quality, quantity, potency, purity, standards, and certification of products, but also the full details of the distributor, dealer, trader, seller, and shop owner to enable effective redressal against unfair trade practices. It invokes Sections 2(6) and 2(9) of the Consumer Protection Act, 2019, read with Article 19 of the Constitution. It seeks directions to the Centre and States to ensure that all sellers display their registration or license details, including name, address, contact number, and employee strength, prominently at the entry gate on a board visible to any ordinary consumer. The petition emphasises that transparency about sellers' identities will deter fraud and misrepresentation, empower consumers to make informed decisions, and ensure accountability. It states, 'Right to Know helps consumers avoid falling prey to fraudulent or deceptive sellers who might misrepresent products or disappear after transactions.' Highlighting the importance of operationalising this right in both offline and online retail environments, the petitioner contends that lack of such information hampers consumers from filing complaints or seeking redressal for poor quality, adulteration, overpricing, or other exploitative practices. The PIL also refers to online marketplace rules mandating disclosure of details of high-volume sellers to ensure consumer safety and market transparency. It submits that consumer rights under Articles 19 and 21 include the right to be informed about the authenticity of sellers and the safety standards of products to protect health, safety, and fair market practices. The matter will now be heard after the Centre and States file their replies. UNI SNG SSP
Time of India
a day ago
- Time of India
SC seeks Centre, states' reply on PIL for seller transparency, online & offline
The Supreme Court on Monday sought response from the Centre and states on a PIL seeking enforcement of consumers' right to know the identity and credentials of sellers, dealers, distributors and shop owners, both online and offline. This mandatory disclosure was required to seek redressal against unfair restrictive trade practices and unscrupulous exploitation in spirit under the Consumer Protection Act 2019 . Explore courses from Top Institutes in Select a Course Category Data Analytics Artificial Intelligence Digital Marketing PGDM healthcare Data Science Design Thinking Project Management Technology Finance Data Science Healthcare Others MCA Cybersecurity Degree MBA Leadership Management others Public Policy Operations Management Product Management CXO Skills you'll gain: Data Analysis & Visualization Predictive Analytics & Machine Learning Business Intelligence & Data-Driven Decision Making Analytics Strategy & Implementation Duration: 12 Weeks Indian School of Business Applied Business Analytics Starts on Jun 13, 2024 Get Details The Bench comprising Justices Vikram Nath and Sandeep Mehta sought response from the various ministries, the Law Commission of India and all the state governments and Union Territories. The PIL filed by Ashwini Kumar Upadhyay , a practising advocate, has sought a direction to the Centre and states to mandate the display of essential seller information, including registration, address, phone number and number of employees at their entry gates on a display board visible to an ordinary person. He also urged the court to order that that every consumer has right to know not only about the quality, quantity, potency, purity, standard, manufacturing date, expiry date and various certification of good and products, but also about the details of the shop owner, so as to seek redressal against unfair trade practices. Live Events "Right to Know" about distributor, dealer, trader, seller and shop owner was secured under the Consumer Protection Act and, therefore, every consumer has the right to access details of product, service as well as distributor and shop owner before making a purchase, Upadhyay said. This would help consumers to avoid falling prey to fraudulent or deceptive distributors, shop owners, who might misrepresent their product services or disappear after sale, purchase and money transaction, the lawyer said, adding that owner details were essential for filing complaints under Consumer Protection Act and for seeking redressal through consumer redressal fora. According to the PIL, the 'right to know' is rooted in Article 19(1)(a) and forms an essential part of the right to make informed decisions.
