The Kerala Consumer Commission has penalized an online couture store for 'unfair trade practices' after a woman failed to receive a Rs 1,545 Anarkali dress ordered via Instagram, ordering the store to pay full refund and compensation.
- Kannur District Consumer Commission ruled against an Instagram-based couture store.
- Customer awarded a full refund plus Rs 15,000 in compensation and legal costs.
- Failure to adhere to own shipping timelines categorized as 'deficiency in service'.
In a landmark ruling for social media commerce, the Kannur District Consumer Commission in Kerala has found a boutique store guilty of deficiency in service and unfair trade practices. The case stemmed from a simple purchase of an Anarkali dress and dupatta worth Rs 1,545, ordered through the store's Instagram page in October 2024, which never reached the customer.
The commission, led by President Ravi Susha and members Moly Kutty Mathew and Sajeesh K P, observed that the store's lack of responsiveness was egregious. The court highlighted that the complainant was left without a proper answer even 146 days after the order was placed, causing significant mental agony and financial loss.
The Timeline of the Dispute
The complainant stated she was attracted by an advertisement on Instagram and completed the payment via Google Pay on October 3, 2024. According to the store's own shipping policy, products were to be dispatched within 70 to 90 working days. However, the deadline passed without delivery. Despite multiple follow-ups, the woman was given a vague promise of delivery in March 2025, which also went unfulfilled. Furthermore, the woman alleged that the store used 'rough and filthy language' when she demanded her product.
Store's Defense vs. Court's Verdict
The store attempted to defend its position by claiming that an accident had damaged its fabric stock, including the material for the woman's dress. They argued that an apology email had been sent to the customer. However, the commission dismissed these claims, noting that the store's own policy stipulated a maximum delivery window of 90 days. The fact that the product remained undelivered after 146 days proved a clear breach of contract.
Why This Matters
BozokMedia analysis shows a rising trend in 'Instagram stores' operating without formal e-commerce registrations. This judgment reinforces the principle that a seller cannot hide behind vague 'terms and conditions' or internal accidents to avoid their contractual obligation to the consumer. It establishes that social media storefronts are fully liable under the Consumer Protection Act.
"A shipping policy is not a suggestion; it is a binding commitment. When a merchant accepts payment, they enter a legal contract that mandates delivery or a timely refund."
| Aspect | Store's Argument | Commission's Finding |
|---|---|---|
| Delivery Window | Variable based on processing | Fixed max 90 days per policy |
| Communication | Informed via email | No proper response after 146 days |
| Liability | Accidental stock damage | Deficiency in service/Unfair trade |
Frequently Asked Questions
1. Can I sue a seller who only operates via Instagram or WhatsApp?
Yes, as long as there is proof of payment and a commitment to deliver a product, they are considered a commercial entity under consumer law.
2. What total amount was the woman awarded?
She was awarded a refund of Rs 1,545, Rs 10,000 for mental agony, and Rs 5,000 for litigation costs, totaling Rs 16,545.
