Upendra (A) 02 July 2014

Online sites not provide transparency with customers

Dear Experts,

Here again I am to seek your expertise on one issue which I had recently and please suggest what should I do. On 17th-June-14 it was my 5th marriage anniversary but unfortunately I was going out of town, so just to give my wife a surprise I thought of buying online flowers. So I searched and found this website named "Flaberry". There site shows a option of BUY@299 from where I bought bunch of 12 roses and then site asks if like to add on some more chocolates, soft teddy etc. I thought adding roses with chocolate will give a additional flavor so there was a option of adding 5 Cadbury Dairy Milk for 100 Rupees(from here thing started) as the site never had any specific information and details I assumed that these 5 Dairy Milk are of 20 Rupees each and actually any body will do the same. So I ordered and they also delivered it well on time. I came back on 25th-June-14 at home and I was shocked when my wife said at least you could have send a bigger chocolate and I was like what the hell? Then I came to know that Flaberry had send 5 Dariy Milk but each of 10 rupees price.

Then I called them up and also mailed them but now they are saying that the additional price what they have taken is the service charges. But they never cleared it while I was buying it form them. Now I think as per law you can not charge money from customers without customers consent. Please help me I am feeling so cheated and also got embarressed in front of my family and friends. I want to file a case on the site people. I am also attaching the site screen in which you can see that they do not provide any information of service charges and asking 100 rupees for 5 chocolates.

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5 Replies

Suneet Gupta (www.vashiadvocates.com) 02 July 2014

Dear Sir,

It is sad that you were cheated like this. However, I am not sure it is feasible to do anything at this stage other than publicising their deception on the internet. They are within their rights to charge service charges for home delivery. It is normally understood that sites such as these will charge service and delivery charges. However, they should have made clearly mentioned the size of the chocolates on their website (e.g. they should have mentioned 05 Dairy Milt chocolates of x gms, it is not absolutely necessary to mention original cost).

Thanks, Suneet

Upendra (A) 02 July 2014

Dear Suneet,

But is it allowed by law that they can charge money to customers without there consent and even without specifying their service charges details? Because sites like flipkart etc are also having servies charges but they clearly mention how much they charge etc. I mean transaction part should be clear.

Saurabhg487 (Manager) 03 July 2014

They take service charges.

Suneet Gupta (www.vashiadvocates.com) 03 July 2014

Dear Sir,

While the new online sites clearly mention the price of the item and the delivery charges, it is not customary for service firms to do the same. Delivery of flowers and chocolates by hand is different from selling mobile phones through couriers.

The site is charging you for the service of delivering flowers and chocolates on the same day, and not merely selling the stuff. Therefore they are charging you for the entire package and not separately for the roses or chocolates. Just like they charged 399/- for 12 roses (costing much less), they charged 100/- for 5 chocolates costing 50/-.

While they should mention the size of the chocolates on the website, it is difficult to take any action against them for omitting the same. It is arguable that you could have called or emailed them to get the clarification.

Upendra (A) 03 July 2014

Dear Suneet,

Suppose if I am selling any thing online then do I have this right to sell it off to customer by showing any similar picture and then deliver something different, also is it not compulsory to show if the total amount have service charges and how much service charges have I taken.