Deficiency in Service - Several cases highlight issues related to online sales platforms like Flipkart failing to deliver products, respond to complaints, or provide satisfactory service. For example, in AJAY KUMAR vs FLIPKART INTERNET PRIVATE LIMITED - Consumer National, Flipkart was accused of not supplying a specified air-conditioner and ignoring consumer complaints, indicating deficiency in service. Similarly, JAGAN NATH BHANDARI vs FLIPKART INTERNET PRIVATE LIMITED - Consumer State involved a consumer complaint where the lower commission found Flipkart responsible for deficiency after failing to deliver or address issues with the product.
Advertising and Promotional Deficiencies - Cases such as Dabur India Limited VS Shree Baidyanath Ayurved Bhawan Pvt. Ltd. - Calcutta and Bar Council of Tamilnadu & Puducherry, Rep. By its Secretary, Chennai VS V. K. Sethukumar - Madras reveal that advertisements on Flipkart and other e-commerce sites sometimes mislead consumers or lack clarity, contributing to claims of deficiency or unfair trade practices. The presence of misleading ads or unfulfilled promotional promises can be considered a form of deficiency.
Lack of Proper Agreements and Transparency - Several sources mention the absence of formal MOUs or agreements between Flipkart and third-party sellers or service providers (AJAY KUMAR vs FLIPKART INTERNET PRIVATE LIMITED - Consumer National, Flipkart Internet Private Limited vs Arish Juneja - Consumer State), which can lead to accountability issues and claims of deficient service.
Consumer Redress and Legal Proceedings - Courts and consumer forums have upheld claims of deficiency in service against Flipkart, ordering refunds, compensation, or dismissing cases based on the evidence of unmet obligations (JAGAN NATH BHANDARI vs FLIPKART INTERNET PRIVATE LIMITED - Consumer State, AJAY KUMAR vs FLIPKART INTERNET PRIVATE LIMITED - Consumer National). The emphasis is on the platform's responsibility to ensure product delivery, accurate advertising, and proper customer support.
Overall Insights - The main points indicate that Flipkart has faced multiple allegations of deficiency in service, including non-delivery, poor response to complaints, misleading advertisements, and lack of formal agreements with sellers or service providers. These issues have led to consumer grievances and legal actions, emphasizing the need for better service standards, transparency, and accountability in e-commerce operations.
References: - AJAY KUMAR vs FLIPKART INTERNET PRIVATE LIMITED - Consumer National - Flipkart Internet Private Limited vs Arish Juneja - Consumer State - Blue Heaven Cosmetics Pvt. Ltd. vs T.R.N. Corporation - Delhi - Dabur India Limited VS Shree Baidyanath Ayurved Bhawan Pvt. Ltd. - Calcutta - Bar Council of Tamilnadu & Puducherry, Rep. By its Secretary, Chennai VS V. K. Sethukumar - Madras - EZ -MALL ONLINE LIMITED vs ZINGOOL TECHNOLOGIES PRIVATE LIMITED - National Company Law Tribunal - Kent Cables Private Limited VS Kent Ro Systems Limited - Delhi - Flipkart Internet Pvt. Ltd. vs Avishek Shaw & Others - Consumer State - Indus Towers Ltd. vs Revenue - Income Tax Appellate Tribunal - JAGAN NATH BHANDARI vs FLIPKART INTERNET PRIVATE LIMITED - Consumer State
Ltd., the sole Opposite Party, alleging deficiency in service on their part in firstly, not supplying a Voltas 1.5 Ton, 5 Star, Split Air-conditioner, costing ₹26,999/- and then not responding to the complaints made to them by the Complainant from time to time. ... Ltd’ reflecting on flipkart site =50,00,000 Rs 18- No MOU reflecting between ‘Jeeves Consumer Service Pvt Ltd’ & ... LLP =20,00,000 Rs 17- No MOU/Agreement betwee....
on line sale and also due to illegal and malafide act and also for deficiency in service on the part of the opposite party; and iii) to pay Rs.10,000/- as litigation expenses. ... There is no deficiency in service or unfair trade practice committed on the part appellant/opposite party No.1. Finally, it is prayed to allow the appeal by setting aside the impugned order. 9. ... Alleging deficiency in service and unfair trade practice, the complainant sought the following directions agains....
Counsel for the Plaintiff states that he will make up the deficiency in the Court Fees, within a period of three days from today. Taking the said statement on record, the application is allowed and disposed of. ... Further, the Defendant is actively promoting/ advertising/soliciting for the impugned products on various third-party e-commerce portals such as - INDIAmart and Flipkart. ... Sanjay Aggarwal, counsel for the Plaintiff states that the products/goods of the Plaintiff-Company are available on various online/ e-commerce portals such as - Amazon, #HL....
(a) Impugned Advertisement No. 1 (hereinafter referred to as "Annexure I") was released by the defendant on its official website (https://www.baidyanath.com/chyawanprash-special.html) and was also available for viewer ship on the websites of various e-commerce platforms like Amazon, Flipkart
Flipkart India Private Limited & Ors (cited supra), it is held as hereunder: “13. ... Flipkart India Private Limited & Ors (cited supra) is relied upon. 17. In the judgment in the case of Chandra Prakash Mishra Vs. ... Since the grounds of appeal before an appellate forum should include all the shortfalls in the order of the lower forum and the appellate order forum while considering the appeal, does the purging function and removes the dirt or deficiency in the order of the lower forum and passes an order on merit ... Flipk....
(CAA)/210/(MB)/2023 and has also filed an Affidavit of Service in compliance with the same order. The Petitioner Companies have complied with all the requirements as per the directions of this Tribunal. 8. ... ZTPL will sell products under its own brands through its inhouse online portal EZMall.com and various other platforms such as 24-hour home shopping television channel, seller websites, mobile application such as Amazon, Flipkart, Moglix, Azio, Dhani, etc. to end customers. ... If there is any deficiency found or, the violation commi....
It was only after Kent RO brought to light the said deficiency, a Chartered Accountant's (`CA') certificate was filed purportedly showing sales and that too, without advertising figures. ... Kent RO has to its credit Asia's Most Promising Brands and is one of the best sellers of air purifiers, water purifiers, as per report of sales on Amazon and Flipkart for 22.09.2022 and 23.09.2022. ... Since Kent RO has no control on the quality of products sold by Kent Cables, any deficiency in the quality will certainly cause damage to its reputatio....
Here is no deficiency in service on the part of the OP No.1 and therefore, the case is ought to be dismissed against OP No.1. ... The complainant has alleged that he has been deprived as well as cheated by the OPs causing deficiency in rendering service and unfair trade practice. ... The complainant has not levied any deficiency in service or other allegations against the OP No.3 and hence the relief prayed for, is ought to be dismissed against OP No.3. ... KLM Royal Dutch and Another ....
cross-appeals against CIT(A) order - Disallowance of depreciation on passive infrastructure assets, provisions for site restoration and service ... Subsequently, as and when the telecom operators provide details of downtime/ service deficiency levels experienced by them as per their system, the assessee issues a credit note to the respective party post a final sign off. ... Pursuing the relevant Schedule-2 of the MSA, the SLA (Service Level Agreement) credit is the amount of credit to be given to the operators on account....
It was pleaded that there was no deficiency in service on the part of OP No.2 and a prayer was made for dismissal of the complaint. 5. ... Alleging deficiency in service and unfair trade practice on the part of OP No.1, a consumer complaint was filed before the Learned Lower Commission. 3. ... Lower Commission finding deficiency in service on the part of respondent No.1 rightly allowed refund of Rs.801/- alongwith interest @ 10% per annum from the date of filing of complaint ....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.