Flipkart Missing Mobile Delivery Case Consumer Court Order

nterest and an additional Rs 50,000 payout as compensation for mental agony and litigation costs.

President D R Thakur and members Minakshi Rana and Anoop Kumar observed that despite requests made to Flipkart and the seller, they refused to deliver the second Redmi mobile, causing mental tension and pecuniary loss to the complainant.

“It has been proved by complainant that he had ordered two mobile handsets from opposite parties, but only one mobile handset was received by him on 16-11-2023. It has been proved that the second mobile handset of Rs 8,328 was not received by the complainant,” the June 1 order noted.

The Himachal Pradesh Consumer Court noted that the complainant had paid Rs 8,328 for each mobile phone, but only one mobile was found in the parcel delivered by Flipkart.

It was noted that the complainant had made a request to Flipkart and the seller to send the second mobile set, but it was not sent.

The commission took note of the complainant’s produced records, including tax invoices, bills showing the value of each handset was Rs 8,328, and the complainant had paid the amount to Flipkart and the seller.

It was noted that the complainant was under the impression that the second mobile handset would be sent later on, and he learned on November 23, 2023, that both items had been delivered, but only one handset was received on November 16, 2023, and the second one was never delivered.

In the absence of any record produced by Flipkart and the seller to show that both items were sent to the complainant and both were received by him, the commission said that the evidence of the complainant was unrebutted.

In view of aforementioned material on record, the commission allowed the complaint and held Flipkart and the seller jointly and severally liable, directing them to deliver the mobile handset Redmi 12(Pastel Blue-128 GB) to complainant within two months from today failing which to refund amount of Rs 8,328 to complainant along with interest at the rate of 9 per cent per annum from date of filing of the complaint till realisation.

It was also noted that since the complainant was forced to file the complaint, the commission directed them to pay Rs 30,000/- on account of mental tension and harassment and Rs 20,000 towards litigation expenses.

Ministry of Consumer Affairs on E-Commerce

According to experts, the Ministry of Consumer Affairs, GoI, through the Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020, brought online marketplaces within the consumer protection framework. Recognising that consumers often rely on the platform’s reputation and may not know the identity or credibility of third-party sellers, the law imposes obligations relating to transparency, seller disclosures, and grievance redressal.

The ruling underscores that a consumer cannot be deprived of their right to claim when they have produced all the documents in favour of their case. It highlights that Flipkart failed to deliver two mobile phones and delivered only one Redmi mobile instead of the ordered quantity, which was two, causing mental agony to the consumer.

In this case, the commission directed Flipkart to pay Rs 50,000 as compensation and the expenses incurred in pursuing the proceedings, reaffirming the consumer’s entitlement to redress the grievance of survival.

Aggrieved consumers may contact the consumer helpline in their respective states (Himachal Pradesh helpline: 1800-180-8087) or call the National Consumer Helpline at 1915 for assistance.

Somya Panwar works with the Legal Desk at The Indian Express, where she covers the various High Courts across the country and the Supreme Court of India. Her writing is driven by a deep interest in how law influences society, particularly in areas of gender, feminism, and women’s rights. She is especially drawn to stories that examine questions of equality, autonomy, and social justice through the lens of the courts. Her work aims to make complex legal developments accessible, contextual, and relevant to everyday readers, with a focus on explaining what court decisions mean beyond legal jargon and how they shape public life. Alongside reporting, she manages the social media presence for Indian Express Legal, where she designs and curates posts using her understanding of digital trends, audience behaviour, and visual communication. Combining legal insight with strategic content design, she works on building engagement and expanding the desk’s digital reach. Somya holds a B.A. LL.B and a Master’s degree in Journalism. Before moving fully into media, she gained experience in litigation and briefly worked in corporate, giving her reporting a strong foundation. ... Read More