ORDERED COMPENSATION: Ernakulam District Consumer Disputes Redressal Commission orders an online retailer to pay a resident of Kacheripady, Ernakulam, a total compensation of ₹70,000 for delivering a defective and old mobile phone and misleadingly claiming it to be brand new.
Compensation Details: The compensation spans three parts:
- ₹55,000 for the phone purchase.
- ₹10,000 for misrepresentation and causing mental anguish.
- ₹5,000 incurred for the legal proceedings.
Judgment Analysis: The panel, led by D.B. Binu, the president, states the retailer falsely advertised the mobile as new with a warranty, delivering a 2021 model’s defective used handset without accessories. The complainant, informed by the authorized service center that it lacked a valid warranty, then realised it was a refurbished unit not disclosed during the sale.
The panel supports the consumer’s refund request, citing a breach of Section 2(11) of the Consumer Protection Act, 2019, arguing non-delivery and failure to refund despite return as insufficient service. Due to opposition not filing a version post-server revival notice, the panel unconditionally upholds the claims per the ruling issued April 30, 2025.
