wordpress blog stats
Connect with us

Hi, what are you looking for?

Flipkart ordered to refund excess amount charged to consumer; on Intermediary Liability

Flipkart has got into legal trouble for not refunding excess money charged to a consumer in Karnataka, reports Times of India. According to the report, V Narasimha had approached the District Consumer Disputes Redressal Forum, Bangalore Urban and alleged that he did not receive the refund promised from the e-commerce major in the time committed to him.

He was apparently charged Rs 1878 extra when he purchased toys worth Rs 583 via Flipkart app in December 2015, because the Flipkart delivery personnel swiped Narsimha’s card twice at the time of delivery. Narasimha was promised a refund in seven days, which he did not get. In April 2016, he approached the consumer forum, and now the forum has ordered Flipkart to refund excess amount of Rs 1878 to Narasimha in 30 days. The order was passed on February 7. (Double swipe of card means, double of Rs 583- which is Rs 1166. So, we are not sure about why the extra refund amount is Rs 1878)

As per the ToI report, in its defence, Flipkart said that its role as a martketplace in the trade was intermediary and is not liable for the products. On which, the court criticized Flipkart and reportedly said that the firm is liable for the act of its employees, including, in this case, the delivery person who collected excess money which amounts to deficiency of service and unfair trade practice.

Intermediary Liability

Since Flipkart is a marketplace (Intermediary), it is somewhat protected by Section 79 of the IT Act, 2008. It proffers safe harbor to Intermediaries, as long as they act on complaints and do not knowingly allow the usage of their platform to break the law. So, legally Flipkart and other marketplaces, aggregators etc seem to be on safe ground. However, as we have repeatedly pointed out, there is a need for better understanding of the  responsibility, accountability and liability of platforms, marketplaces and aggregators, when it comes to aggregators or marketplaces or platforms (Uber, WhatsApp, Flipkart etc etc) which are intermediaries. Who is accountable, when things get screwed up? And what about the liability of these platforms?

You May Also Like

News

Flipkart on Wednesday launched Flipkart Smartpack, a program that bundles cheap smartphones (in the ₹6,000–17,000 price range) with OTT subscriptions, with a refund for...

News

The Polish government is planning to ban social media companies from blocking accounts. A draft law in the country will make it illegal for...

News

Flipkart saw a 35% increase in sellers onboarded in 2020 over the previous year. The sellers came from Tier-2 and Tier-3 cities such as...

News

On January 7, the Karnataka High Court quashed a criminal complaint against Snapdeal and its executives Kunal Bahl and Rohit Bansal. The criminal complaint...

MediaNama is the premier source of information and analysis on Technology Policy in India. More about MediaNama, and contact information, here.

© 2008-2018 Mixed Bag Media Pvt. Ltd. Developed By PixelVJ

Subscribe to Daily Newsletter

    © 2008-2018 Mixed Bag Media Pvt. Ltd. Developed By PixelVJ