Seller sells booked firecrackers to ‘another’ customer, told to pay Kerala man Rs 24,000

A man booked firecrackers worth Rs 4,172 but did not receive them, and the seller refused to refund his money. A Kerala consumer commission has now directed the seller to pay him Rs 24,172, finding that it had failed to provide the service promised.

President Vinay Menon V, along with members Vidya A and Krishnankutty N K of the Palakkad District Consumer Commission, found that the man had booked the firecrackers for Vishu celebrations in April but was later informed that the items had been sold to another customer. 

“As per the proof affidavit filed by the complainant, the opposite party (seller) failed to supply the crackers booked by the complainant in time. Further, they have not refunded the amount paid by the complainant. This amounts to deficiency in service and unfair trade practice on the part of the opposite party,” the October 13 order read. 

Family celebration affected

The complainant said he had placed an online order for firecrackers worth Rs 4,172 on March 30, for the Vishu celebrations scheduled for April 14. He stated that the seller’s distributor was responsible for supplying crackers to customers who placed online orders.

Despite repeated calls and reminders, the firecrackers were not delivered before the festival. When he contacted the distributor on the day of Vishu, he was allegedly informed that the same items had been sold to another customer.

The man said the non-delivery affected his family’s Vishu celebrations. He further alleged that despite repeated requests, the seller did not return the amount paid at the time of booking. He approached the commission seeking a refund of the booking amount and compensation. The man was represented by advocate C Chandran. 

Seller held responsible

The commission noted that notices had been served on both the seller and the distributor, but neither appeared before it or filed a response.

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The complainant submitted the order form listing the firecrackers he had booked and a screenshot showing the payment of Rs 4,172 to the seller.

However, the commission found that there was no documentary evidence to establish the distributor’s role in the transaction. “Hence, the liability is cast only on the 1st opposite party (seller),” it added.

Accordingly, the commission directed the seller to refund Rs 4,172 and further directed it to pay Rs 15,000 as compensation for deficiency in service and unfair trade practice. The seller was also directed to pay Rs 5,000 as the cost of the litigation. 

Takeaway

This ruling highlights that sellers are responsible for delivering goods booked and paid for by consumers and cannot retain the payment when they fail to fulfil an order.

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For consumer-related grievances, individuals may contact the consumer helpline in their respective states and Union territories (Kerala: 1800-425-1550) or call the National Consumer Helpline at 1915 for assistance.

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