A consumer commission in Kerala has directed an online clothing seller to refund the cost of a dress purchased through Instagram and pay compensation and litigation costs totalling Rs 10,000 after finding that the product was delivered nearly 10 months after it was ordered, reported The Indian Express.
The District Consumer Disputes Redressal Commission, Palakkad, observed that such an excessive delay amounted to a deficiency in service.
“Such an inordinate delay is to be treated as deficiency inservice on the part of the opposite party since any consumer ordering for any product will expect delivery of the same within a reasonable time andhave the right to refuse the same if there is inordinate delay,” the commission said in its order dated May 15.
Consumer alleges prolonged delay
According to the complaint, the woman ordered a dress through the seller's Instagram page on August 16, 2024, and paid Rs 807, reported Indian Express.
The seller's delivery policy stated that products would be delivered within 90 working days. However, the dress was not delivered within the promised period.
The complainant claimed that despite repeated follow-ups through emails and comments on the seller's Instagram page, she did not receive the product. She also approached the Government of India's consumer helpline but failed to obtain a satisfactory resolution, prompting her to move the consumer commission seeking a refund, compensation and litigation costs.
Seller cites accident, denies deficiency
The seller contested the complaint, stating that the dress had eventually been shipped on June 4, 2025, and was available for delivery on June 9, 2025.
According to the seller, the complainant refused to accept the delivery and returned the item.
The seller argued that its shipping and refund policies, including the possibility of delays due to availability and processing issues, had been clearly disclosed at the time of purchase.
It further submitted that an unfortunate accident beyond its control had damaged part of its fabric stock, including the item ordered by the complainant. The seller said the incident had been communicated to the customer and that she had responded to the communication.
Based on these grounds, the seller denied any deficiency in service.
The matter was referred for mediation, but no settlement could be reached.
Commission finds delay unjustified
The commission noted that the delay could not be justified, even though the invoice contained clauses explaining potential reasons for delayed delivery.
“Even though the invoice contain various clauses about the probable cause of delay in delivery, this kind of a delay is not justifiable, may it be due to unexpected reasons like accident and even if it was intimated to the complainant,” the forum observed.
It further held that consumers have the right to refuse delivery when there is an unreasonable delay in supplying a product.
Compensation awarded
The commission directed the seller to refund the cost of the dress along with interest at the rate of 10 per cent per annum.
It also ordered the seller to pay Rs 7,000 as compensation for deficiency in service and Rs 3,000 towards litigation expenses.
The payments must be made within 45 days of receiving the order. Failing this, the seller will be liable to pay a solatium of Rs 500 per month or part thereof until the amount is fully paid.
