NEW DELHI: A district consumer commission in Kerala has directed Xpressbees to pay Rs 15,000 compensation and Rs 7,500 towards litigation expenses after finding deficiency in service over the repeated failure to deliver a packet of diapers. The commission also ordered the courier company to take corrective measures to ensure delivery attempts are accurately recorded. The order was passed on August 21, 2026.Why did the consumer approach the commission?According to the commission order, the consumer ordered MamyPoko pants diapers worth Rs 1,429 from the FirstCry online platform on March 9, 2025, for his 1.5-year-old daughter. The product was dispatched the same day and reached the Xpressbees hub in Thiruvalla on March 10.The delivery was initially promised for March 12, but the product was not delivered. On March 14, the consumer received an “out for delivery” message naming a delivery agent. However, when he contacted the agent, he was allegedly told that the agent was not assigned to the route and did not have information about the shipment.The consumer then raised complaints with FirstCry and Xpressbees and also approached the National Consumer Helpline. Despite further delivery dates being shown in the system, the consignment was not delivered. On March 24, FirstCry cancelled the order and initiated a refund.The consumer alleged that the shipment had been wrongly marked as refused through OTP-based delivery even though no delivery agent had actually reached his premises. He also said the delay forced him to buy diapers from local shops at a higher price.Xpressbees denied the allegations and said the consumer had refused to provide the OTP needed for delivery. It also attributed the delay to technical allocation errors, workforce constraints and operational difficulties.What did the commission find about the failed delivery?The bench comprising President George Baby and member Nishad Thankappan noted that Xpressbees admitted receiving the shipment and that it had reached the Thiruvalla hub. The company also acknowledged that a delivery attempt was made on March 14, while attributing the failure partly to technical and operational issues.The commission found that the consumer had repeatedly complained about the non-delivery while the shipment was still pending. However, Xpressbees did not produce independent evidence showing that its delivery agent had actually reached the consumer’s premises and that he had refused to provide the OTP.The commission said the courier company had not produced records such as call details, GPS or location data, delivery photographs or doorstep confirmation to support its claim.“The opposite parties 01st and 02nd state that the first attempt failed due to technical allocation errors and refusal of OTP. But the evidence before the commission does not satisfactorily establish that the complainant’s alleged refusal was the actual reason for the prolonged non-delivery and eventual return of the shipment,” the commission held.It also rejected the argument that workforce shortages and operational difficulties could completely absolve the courier company, particularly after the shipment had reached the destination hub and repeated complaints had been made.“The contention relating to workforce constraints, resignations, operational contingencies and communication lapses is also insufficient to completely absolve the logistics provider,” the commission said.The commission concluded that the repeated failure to deliver, the admitted technical allocation problem, lack of proof of an actual doorstep OTP refusal and eventual return of the shipment established a shortcoming in the delivery service.“We feel that the repeated failure to effect delivery, the admitted technical allocation problem, the absence of convincing proof of an actual doorstep OTP refusal and the return of the consignment, despite repeated complaints by the complainant, prove a shortcoming in the manner in which the delivery service was performed,” it held.The commission found deficiency in service against the first and second opposite parties and directed them to jointly and severally pay Rs 15,000 compensation for inconvenience, mental agony and loss, along with Rs 7,500 towards litigation expenses.The amounts have to be paid within 30 days of receiving the order, failing which they will carry 9 percent annual interest until realisation.The commission also directed Xpressbees to ensure that delivery-attempt statuses are entered accurately and that a shipment is not marked as refused by a customer unless there has been a genuine delivery attempt supported by a verifiable record.
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