E-commerce intermediaries not liable for goods put up for sale on their platform

Flipkart Internet Private Limited Vs State of U.P (Allahabad High Court)

Allahabad High Court held that e-commerce intermediary i.e. Flipkart is not liable for the goods put up for the sale by the seller on its platform. Such e-commerce networks are exempted from liability under the I.T. Act, 2000.

Fact-

The petitioner here is Flipkart Internet Private Limited. The fourth respondent on 12 October 2018, placed an order for purchase of a Laptop being H.P. 15 A.P.U., Dual Core, A-6 (4GB/ITB HDD/Windows 10 Home) 15” B.W. Model, accordingly, made payment at Rs. 17,990/- through online payment for the product. The booking ID generated for the said purchase being OD 113621553490664000.

Grievance of the fourth respondent is that the Laptop delivered on 22 October 2018, was having processor of brand ‘A.M.D’ instead of brand ‘Intel’, thus, according to the fourth respondent, delivery of the product was not as per the specifications for which order was placed. Aggrieved, complainant-fourth respondent registered a complaint with the petitioner-Company regarding the alleged discrepancy of the product.

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