NEW DELHI: A district consumer commission in Kerala on July 14, directed an e-commerce platform to refund the price of a pair of wireless earbuds and pay compensation after finding that it delivered the wrong product and ignored the consumers repeated concern. The commission held that supplying a product different from what was ordered and refusing to take it back amounted to deficiency in service and an unfair trade practice under the Consumer Protection Act.How did he end up receiving BoAt earbuds?According to the court order, the complainant bought a WeCool Moonwalk Mini Earbuds with a magnetic charging case and digital battery indicator for Rs 359 from the online platform VLE Bazaar on April 14, 2025. However, when the product was delivered on April 30, 2025, he received earbuds of a different brand called BoAt.The complainant immediately contacted the platform, which asked him to send an email along with photographs of the product. He then complied and shared the details on the email address provided by the company.According to the complaint, despite several follow-up attempts on different dates, the company neither responded to his emails nor arranged to take back the wrong product or refund the amount. Left with no other option, he approached the Ernakulam District Consumer Disputes Redressal Commission seeking a refund, compensation and litigation costs.“Thereafter there has been no response from the side of the opposite party and the complainant tried to contact them on different dates but there was no response from them,” the court order reads.The notice of the complaint was sent to the company but it did not appear before the commission and also didnt file any response.Why did the commission rule against the e-commerce platform?The bench comprising President D B Binu and members V Ramachandran and Sreevidhia T N examined the order details, emails and payment invoice produced by the complainant. The commission noted that the records showed the complainant had paid Rs 359 for the earbuds and that there was nothing on record to disprove his claim that he had received the wrong product.“The statements of the complainant need not be disbelieved and is to be taken into account that he had received a wrong product instead of the one ordered and thatthe opposite party had not taken the wrong product issued by them back in the absence of any contra evidence,” the bench observed.It further held that the company’s failure to appear before the commission despite receiving notice amounted to an admission of the allegations made by the complainant.“The intentional non appearance of the opposite party and non participation in the proceedings of the Commission even after receiving the notice sent from the Commission very clearly shows that the opposite party has nothing to offer against the allegations of the complaint which amounts to admission of the statements made by the complainant,” the bench further noted.The commission directed the company to refund Rs 359, along with 9 per cent annual interest from the date of the order until payment.It also awarded Rs 5,000 as compensation for mental agony and hardship and Rs 3,000 towards litigation costs. In all, the platform has been directed to pay Rs 8,359, excluding interest, within 45 days.
