Facebook India moves Bombay HC against order to pay compensation for fraudulent advertisement
The Hindu
Facebook India does not qualify as an e-commerce entity or marketplace e-commerce entity and hence it cannot be held liable, the petition stated.
Facebook India Online Services and META Platforms Inc have approached the Bombay High Court challenging an order of a consumer redressal commission directing it to pay ₹25,599 to a labourer for non-delivery of a product he purchased online and fraudulent advertisement.
A Nagpur bench of Justice Manish Pitale on Thursday heard two petitions filed by Facebook India Online Services Pvt Ltd and META Platforms Inc against the order passed by the District Consumer Dispute Redressal Commission, Gondia in June, 2022.
The Commission had directed the companies to pay ₹599 to a person for non-delivery of a product purchased online and ₹25,000 for causing mental agony.
Justice Pitale granted a stay on the Commission's order but directed Facebook India and META Platforms to deposit the amount with the registry of the High Court. The Bench also issued notice to the complainant and posted the matter for further hearing on November 15.
The Commission had passed the order on a complaint filed by Tribhuvan Bhongade, a daily wage labourer, who claimed that he had seen an advertisement on Facebook by one Marya Studios selling Nike shoes for ₹599.
Mr. Bhongade stated that he had placed an order for the shoes and made payment using his debit card in September 2020, but he never received the shoes. He further claimed that he had tried calling on the customer care number of Marya Studios, where a person further duped him of ₹7,568.
Facebook India and META Platforms' advocates Vivek Reddy, Soli Cooper, and Charuhas Dharmadhikari, argued that the Commission had passed the order without jurisdiction and that the plaint was not maintainable, as the complainant's grievance ought to have been raised against Marya Studios, which was the company that allegedly duped him.
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