Mumbai’s District Consumer Redressal Forum has ruled against e-commerce giant Flipkart and a seller on its platform for refusing to accept the return of a food product deemed substandard by a buyer. The forum, comprising President Samindara Surve and Member Sameer Kamble, found the refusal based on Flipkart’s “no return policy” to be an unfair trade practice and a deficiency in service.
The case, titled Taruna Rajput v Flipkart India, stemmed from a complaint by Goregaon resident Taruna Rajput. She had purchased 13 containers of Herbalife Nutrition Fresh Energy Drink Mix (lemon flavor) for ₹4,641 on October 9, 2023. When the product was delivered on October 14, 2023, Rajput observed an unusual color and texture and found the packaging lacked a QR code, raising suspicions of it being counterfeit.
Rajput’s request to return the product was rejected by Flipkart, citing its “no return policy.” Despite multiple exchanges with customer service, the issue remained unresolved, prompting her to approach the consumer forum.
The forum ruled that Flipkart’s refusal to accept the return or replace the product amounted to unfair trade practices. “We therefore observe that not taking back the said product by the Opposite Party nos. 1 and 5 on the ground of ‘no return policy’ amounts to adoption of an unfair trade practice on part of the Opposite Party nos. 1 and 5. Since the Opposite Party no. 5 has failed either to replace or pay the value thereof to the complainant, therefore there is a deficiency in service on part of the Opposite Party no. 5,” the order stated.
While dismissing claims against Flipkart directors due to lack of specific allegations, the forum ordered Flipkart and the seller, Deepak Kashyap, to refund ₹4,641 to Rajput, along with 9% annual interest from October 21, 2023, until the payment is made. Additionally, Flipkart and the seller were directed to pay ₹10,000 towards Rajput’s legal costs.
The forum also denied the complainant’s demand for ₹50 lakh in damages, citing insufficient evidence of the product being harmful or counterfeit.
