Diksha Negi vs. Nykaa E-Retail Private Limited & Anr.
Decided on: July 1, 2024
The complainant ordered skincare cosmetics worth ₹2,823.24 via Nykaa. The order was not delivered and tracking stalled for a month. Nykaa credited the refund only after receiving a formal advocate legal notice.
Nykaa Defense: Claimed no cause of action survived because the refund was credited post-notice, and asserted intermediary immunity under Section 79 IT Act.
Commission Ruling: The Commission dismissed the intermediary defense, holding that withholding funds and refunding only after a legal notice is deficiency in service. The forum ordered Nykaa to pay ₹4,000 composite compensation.