Anubhav Parihar
New member
- Seller Name
- flipkart
- Company Name
- Flipkart
- Product Name
- total 10 items
- Website Name
- flipkart.com
- Loss Amount
- 6824
- Ratings
- Opposite Party Address
- Flipkart is Vaishnavi Summit, Ground Floor, 7th Main, 80 Feet Road, 3rd Block, Koramangala Industrial Layout, Koramangala, Bangalore – 560034, Karnataka, India.
Subject: Legal Notice Regarding Cancellation of 10 Out of 11 Products Ordered During the Big Billion Days Sale, Despite Advance Credit Card Payment, Shipment Tracking Showing Arrival at Allahabad/Prayagraj, and Alleged Misrepresentation by Customer Care
Dear Sir/Madam,
I am constrained to issue this formal legal notice regarding the cancellation of 10 out of 11 products ordered by me through the Flipkart platform during the Big Billion Days Sale, despite payment having been made through my credit card and shipment tracking screenshots indicating that the relevant products had reached Allahabad/Prayagraj.
I have been a loyal customer of Flipkart for more than 11 years. However, the manner in which these orders have been handled has caused me serious concern regarding the transparency, accountability, and fairness of your order fulfilment and customer grievance redressal processes.
1. Brief Facts of the Matter
- During the Big Billion Days Sale, I placed orders for a total of 11 products through the Flipkart platform.
- I made the requisite payments through my credit card, relying upon the order confirmations, prices, and delivery commitments displayed on the platform.
- Out of the 11 products ordered, only one product was delivered to me, whereas the remaining 10 orders were cancelled.
- The shipment tracking screenshots in my possession indicate that the relevant products had reached Allahabad/Prayagraj during the delivery process. These screenshots raise a serious question as to why the orders were subsequently cancelled and whether the stated reason accurately reflects what actually happened to the shipments.
- The cancellation of 10 orders after payment had been made deprived me of the opportunity to receive the products at the prices offered during the Big Billion Days Sale. It also caused considerable inconvenience and frustration.
2. Discrepancy in the Cancellation Explanation and Alleged Misleading Information
During a telephone conversation with Flipkart's customer care, the representative informed me that the orders had been cancelled by the seller.I have preserved the relevant call recording, in which the customer care representative can be heard stating that the cancellation was made from the seller's side.
However, considering the tracking information available to me and the cancellation of 10 orders, I have serious concerns regarding the accuracy and transparency of the explanation provided by Flipkart.
The circumstances raise the following questions:
a. Who actually initiated and authorised the cancellation of each of the 10 orders: the seller, Flipkart, or another entity involved in the order fulfilment process?
b. If the seller initiated the cancellations, what specific reason was recorded for each order, and why were the products shown as having reached Allahabad/Prayagraj?
c. If the cancellations were initiated or processed by Flipkart, on what basis was I informed by customer care that the seller had cancelled the orders?
d. Whether the information communicated to me by the customer care representative was accurate, complete, and consistent with the actual order and cancellation records.
Providing a customer with an incorrect or unverified explanation regarding the cancellation of paid orders would raise serious concerns about transparency and fair customer service. I therefore call upon Flipkart to investigate this discrepancy and provide an evidence-based, order-wise explanation.
3. Concerns Regarding Consumer Rights
The cancellation of 10 confirmed orders, the tracking information indicating arrival at Allahabad/Prayagraj, and the explanation communicated by customer care collectively warrant a proper investigation.Depending upon the actual transaction records and the applicable terms and conditions, the circumstances may raise issues concerning deficiency in service and/or unfair trade practices under the Consumer Protection Act, 2019.
I am not asserting that the tracking screenshots alone conclusively establish that the products were available for delivery. However, they constitute relevant evidence requiring Flipkart to explain the movement of the shipments and the reasons for their subsequent cancellation.
Similarly, the call recording is relevant evidence of the explanation communicated by customer care and should be examined alongside the internal cancellation records.
4. Reliefs and Explanations Demanded
In view of the above, I hereby call upon Flipkart to:- Provide an individual, written explanation for the cancellation of each of the 10 orders, specifying the recorded cancellation reason, the entity that initiated the cancellation, and the relevant date and time.
- Explain the shipment status of each order in light of the screenshots showing that the relevant products had reached Allahabad/Prayagraj, including whether the shipments were returned, diverted, or otherwise prevented from being delivered.
- Investigate the customer care call and clarify whether the statement that the orders were cancelled by the seller was factually correct. Please provide the complaint/reference number and the outcome of the investigation.
- Confirm the complete payment and refund status of all 11 orders, including the order that was delivered, and provide transaction-wise details of any refunds, with reference numbers and processing dates.
- Restore and fulfil the 10 cancelled orders at their original confirmed prices, wherever legally and practically possible. If fulfilment is not possible, provide a reasoned written explanation and offer an appropriate resolution in accordance with applicable law.
- Consider appropriate compensation for the inconvenience, loss of opportunity, and other demonstrable loss caused by any established deficiency in service or unfair trade practice.
- Preserve all relevant records, including order confirmations, seller communications, shipment tracking logs, cancellation audit trails, customer care call recordings, internal complaint records, payment records, and refund records relating to these transactions.
5. Time for Response and Further Legal Action
I request that Flipkart provide a substantive written response and an appropriate resolution within 15 days from receipt of this notice.In the event that Flipkart fails to address this grievance satisfactorily, I reserve my right to approach the National Consumer Helpline and/or the competent Consumer Disputes Redressal Commission and pursue such other remedies as may be available under applicable law.
Such proceedings may seek appropriate relief, including fulfilment of the orders where legally permissible, compensation for established loss and inconvenience, and litigation costs, as warranted by the evidence and applicable law.
I have preserved the relevant order details, shipment tracking screenshots, cancellation notifications, credit card payment records, and the customer care call recording. These materials may be relied upon in support of my grievance and any subsequent proceedings.
I expect Flipkart to deal with this matter fairly, transparently, and in accordance with its legal obligations towards consumers.
This notice is issued without prejudice to all rights and remedies available to me under applicable law.
Yours faithfully,
Anubhav Parihar
Advocate, Allahabad High Court
Prayagraj, Uttar Pradesh, India
Email: anubhav28oct84@gmail.com
Mobile: 7052601000