The District Consumer Disputes Redressal Commission, Udupi, Karnataka, chaired by Sunil T. Masaraddi (President) and Sujata B. Koralli (Member), ruled against Myntra and Titan for delivering a wrong branded watch instead of a Tommy Hilfiger one, and subsequently mishandling the refund process.
Case Overview: The complainant ordered a Tommy Hilfiger watch worth Rs. 15,495/- from Myntra but received a different branded “Abbas” watch. Upon discovering the error, the complainant initiated a return and refund process through Myntra’s customer support. Initially acknowledging the return request, Myntra later claimed quality issues, delaying the refund. Dissatisfied, the complainant filed a consumer complaint against Myntra and Titan.
Legal Arguments: Myntra argued it acted as an intermediary, exempting it from liability under Section 79 of the IT Act, 2000, and cited lack of evidence of negligence or service deficiency under the Consumer Protection Act, 2019. Titan did not appear for the proceedings.
Commission’s Findings: The Commission cited Myntra’s Terms of Use confirming liability for products sold through its platform. Despite claims of refund initiation, inconsistencies in Myntra’s responses raised doubts. Referring to a precedent case, the Commission held Myntra responsible to ensure correct deliveries. It ruled both Myntra and Titan jointly liable for deficient service.
Directive: The Commission ordered Myntra and Titan to refund Rs. 15,495/- with 10% annual interest to the complainant. Additionally, they were directed to pay Rs. 10,000/- for mental distress and Rs. 10,000/- towards litigation costs.