Flipkart, OnePlus fined by consumer court for selling old phone as new

Walmart-backed e-commerce giant Flipkart and Chinese smartphone manufacturer OnePlus have been fined Rs 30,000 for selling a used phone as a new one.

In addition to the fine, State Consumer Disputes Redressal Commission in Chandigarh has ordered the companies to refund the full amount paid by the complainant, Ashwani Chawla. The commission's members, Padma Pandey and Preetinder Singh, presided over the hearing and made the ruling.

During the hearing, it was revealed that the phone in question had been activated four months before Chawla purchased it. The commission noted that the phone was received from Flipkart as a brand new handset, but the service record indicated that it had been activated earlier. Chawla had ordered a new OnePlus 11R 5G through Flipkart in July 2023. However, after encountering significant issues with the phone, he discovered that it had been used before he bought it.


Chawla reached out to the OnePlus service center, but received no response from the manufacturer, seller, or the online platform. Frustrated with the lack of support, he decided to purchase a new phone and filed a complaint with the commission. In his complaint, Chawla also highlighted that he received two invoices for the same transaction, with the second one including a handling fee of Rs 49. The commission deemed this fee unreasonable, as the first bill already included shipping and handling charges.

The commission's ruling concluded that the phone sold to Chawla was indeed old and used. It also criticized Flipkart, OnePlus, and the retailer for their lack of concern in resolving the issue. The commission stated that the evidence presented clearly showed that the complainant had to go through a lot of trouble to seek a solution, but the opposite parties showed little interest in addressing the complaint and prioritized profit over customer satisfaction.

As a result, the commission ordered Flipkart, OnePlus, and the retailer to refund Rs 40,941 for the mobile phone and the additional Rs 49 charged for handling. This ruling serves as a warning to e-commerce platforms and manufacturers to prioritize customer satisfaction and ensure the sale of genuine, new products.