ORDER

(As Per Smt S.Nazima Kausar, Women Member on behalf of the Bench)

CONSUMER COMPLAINT No.29/2026

1. This complaint is filed under section 35 of the Consumer Protection Act, 2019, praying to direct the opposite party:-

a. Allow the present complaint and hold that the Opposite Party has committed deficiency in service and unfair trade practice under the Consumer Protection Act. 2019.

b. To pay compensation of Rs.60,000/- to the Complainant towards mental agony, harassment, inconvenience, and loss of time suffered due to the Opposite Party’s acts.

c. To compensate the Complainant for the financial loss suffered due to increase in gold prices from 05.10.2025 till the date of refund, caused by the prolonged and unjustified delay.

d. To pay interest at the rate of 12% per annum on the amount of Rs.59,750/- for the period from 05.10.2025 till the date of refund, towards unlawful retention of the Complainant’s money.

e. Award litigation costs in favour of the Complainant.

And f. To such other relief or further orders as the Hon’ble Commission may deem fit and proper in the interest of justice and consumer welfare.

2. The case of the complainant in brief runs as follows:- The complainant is a resident of Nandyal. The Opposite Party is Myntra Designs Private Limited, represented by its Chief Executive Officer/Authorized Signatory, having its office at Varthur Hobli, Bengaluru. The complainant placed an online order on the Opposite Party’s platform, Myntra, on 05.10.2025 for a Kalyan Jewellers 24K (999) Purity Ayodhya Gold Coin (5 grams) bearing Order ID:131156313135395131103, after making full payment of Rs.59,750/- through UPI, which was duly acknowledged by the Opposite Party. The Opposite Party assured delivery of the product by 22.10.2025. However, the product was not delivered within the assured time and continued to remain undelivered thereafter. The complainant made repeated follow-ups through phone calls, emails, chat support, and social media platforms, but no clear update or definite delivery timeline was provided. Owing to the prolonged delay and considering the high value of the gold product, the complainant requested cancellation of the order. However, the Opposite Party refused to cancel the order on the ground that gold products were non-cancellable. After retaining the complainant’s money for more than 41 days, the Opposite Party ultimately cancelled the order on 15.11.2025 and refunded the purchase amount, without offering any explanation for the delay or compensating the complainant for the losses suffered. Thereafter, the complainant sought compensation for the mental agony, harassment, and financial loss incurred, including the loss occasioned by the substantial increase in the price of gold during the period of delay. However, the Opposite Party failed to consider or redress the complainant’s grievance. The aforesaid acts of the Opposite Party caused the complainant considerable mental agony, harassment, and financial loss, besides depriving him of the opportunity to purchase the gold coin at the prevailing price. Such conduct, according to the complainant, constitutes deficiency in service and an unfair trade practice within the meaning of the provisions of the Consumer Protection Act, 2019.

3. The Opposite Party filed its written version contending that the complaint is not maintainable either in law or on facts. It is submitted that the complainant had placed an order for a Kalyan Jewellers 24K (999) Purity Ayodhya Gold Coin (5 grams) through the Opposite Party’s online platform. The product was to be supplied and delivered by an independent third-party seller, who has not been impleaded as a party to the present complaint. It is further contended that the product was manufactured by another brand, which is also a matter of record. The Opposite Party further submits that, as per the disclaimer contained in the Terms of Use governing its online platform, all commercial terms relating to the sale transact