KARACHI: A consumer court has imposed a fine of over Rs100,000 on an online clothing store for delivering substandard products and failing to refund the customer.
Plaintiff Uzma Saeed filed a lawsuit under the relevant sections of the Sindh Consumer Protection Act 2014 before Judicial Magistrate of Consumer Protection Court (East) Fahmida Sahoowal against the online clothing store Ms Farkhand, seeking compensation for their alleged faulty services, refund, physical inconvenience, mental agony, and financial losses.
The plaintiff informed the court that she had purchased two unstitched ‘famous clothing brand deals’ from an online store based in Lahore for Rs43,000. Upon receiving the parcel through a courier service, she discovered that the order was not as depicted in the pictures and that the quality of the clothes was substandard. When she contacted the online store, the concerned person refused to issue a refund or accept a return of the parcel.
After filing the complaint, the court issued multiple summons to the respondent through all modes, including publication in newspapers. However, the respondent failed to appear before the court, and consequently, the matter proceeded ex-parte.
In its detailed verdict, the judge ordered the online clothing store to pay Rs43,000 as compensation for the actual cost of the clothes purchased by the plaintiff, Rs50,000 as a penalty for not disclosing the quality of the clothes and the refund policy on their website and social media platforms, and Rs10,000 as the cost of the suit to the plaintiff.
The court observed: “The respondent is running a website under the name Ms. Farkhand however, the complainant booked clothes from two different brands, viz. Hussain Rehan and Crimson (Jhalak) by Saira Shakira. The complainant has not mentioned anywhere that the clothes are original or replicas. It is not mentioned anywhere in the receipts and coloured photos placed in the pouch/parcel of each suit that they are original or replicas.”
The court also directed the respondent to review their policy, clearly mentioning the refund/return policy and labelling the description of articles as per law.
Additionally, it ordered the respondent to display their genuine address, phone number, and email address on their website and social media platforms. The court warned that any failure to comply would result in further penalties.
Furthermore, the judge directed the Pakistan Telecommunication Authority to block the respondent’s website and ordered the Federal Investigation Agency to block their social media platforms and other communication channels used for booking orders and promoting their business until the respondent updates their policies in accordance with the provisions of the Sindh Consumer Protection Act 2014 (SCPA) and other relevant laws.
In case of non-compliance, the respondent will face three months of imprisonment, the court ruled.
The court emphasised that the service provider must disclose the quality of the product to the consumer. Referring to a relevant section of the aforementioned law, the court noted that the seller must display the refund/return policy before any transaction.
Published in Dawn, August 9th, 2024
