Khushi Bajpai
Published on: September 18, 2022 at 15:59 IST
An order from the District Consumer Dispute Redressal Commission, Gondia, that required Facebook India to pay Rs. 599 for a purportedly undeliverable goods and Rs. 25,000 in damages for mental anguish was stayed by the Bombay High Court’s Nagpur Bench.
On Friday, a single judge, Manish Pitale, gave notice to the case’s respondents and then temporarily suspended the commission’s order until the corporation paid the necessary court expenses.
In response to a man’s complaint regarding the non-delivery of things he had ordered online and claimed were fraudulently advertised on the Facebook website, Facebook India and its parent firm META Platforms Inc. filed an appeal with the High Court challenging the commission’s judgment.
Facebook petitioned the court to overturn this ruling, arguing that the complaint against the company was unfounded and that Mariya Studio, the claimed perpetrator of the complainant’s fraud, should be held accountable.
The business cited the Information Technology Act’s concept of “intermediaries” as justification for their immunity.
The business further stated that because it does not offer a platform for electronic commerce, it is unable to be classified as an e-commerce entity or marketplace entity.
When it was discovered that Mariya Studio, the vendor, had neglected to provide the complainant with shoes, the complainant went to the commission with his complaint.
The complainant attempted to contact customer service when, according to him, a second employee further defrauded him of Rs. 7,568.
The claimant asked for compensation in the amount of Rs. 1,27,568 for the suffering he had endured.
For Facebook, senior attorney Vivek Reddy was joined by attorneys Nandagopal C., Varun Pathak, Akhil Shandilya, and MJ Kulkarni.
Senior Attorney Soli Cooper appeared on behalf of Meta Online Services together with Yohann Cooper, Ajit Warrier (Partner, Shardul Amarchand Mangaldas), and Bryan Pillai CB Dharmadhikari.