‘The substance of the review is wholly justified’: Retailer on Shopee loses court case against customer for negative rating
A judgment published on Monday (31 Aug) ruled against a household appliance retailer which sued a customer over a negative review on Shopee.
The judge found that the customer’s review was true and did not count as defamation. He ordered the retailer to pay S$4,000 to the defendant.
Customer leaves negative Shopee review about delivery of product
According to the judgment, the claimant was Asia Excel Pte Ltd, a retailer of household electrical appliances.
On 13 Nov 2024, the defendant, Ms Chua Poh Hiok, posted a negative review on Asia Excel’s listing page on online shopping platform Shopee.
“Please do not buy from this seller,” the review began.
Source: Ms Chua on Shopee
In it, Ms Chua alleged that the seller would call and “keep saying” that once delivered, there would be no refund or return if there was no exterior damage.
On top of it, they insist and insist you must wait at home for delivery and make sure you sign the delivery, once signed, no refund/return. Now, what if after installation, it is faulty? How to receive and make sure immediately it is not faulty?
She complained about the frustration from the delivery man repeatedly reminding her that once the receipt was acknowledged, it could not be returned.
“And they give you delivery time like 10am to 1pm and tell you, someone must check and sign once delivered or else charge you $35 for a re-delivery if no one at home,” she wrote.
Ms Chua ended the review by saying, “Consider the above before you buy.”
Source: Asia Excel on Shopee
Retailer claims customer’s review told others not to buy from them
Asia Excel contended in court that Ms Chua’s review meant:
- That customers should not buy items from Asia Excel.
- That Asia Excel would continuously call customers to state that once delivery is done, any exterior damage would not be subject to return or refund.
- That Asia Excel would continuously insist that customers be home for the delivery, with no return or refund “no matter what” once they signed.
- That the delivery man would continuously remind them of the above and cause frustration.
- That a signature is required, with a S$35 fee charged if no one is at the address.
District Judge Chiah Kok Khun highlighted that Ms Chua ended her review by telling customers to consider what she wrote before buying.
As a result, he found that the defendant was not saying others should not buy items from Asia Excel, only to consider her review first.
Source: Clara Poh on Google Maps
Judge finds review claims match up with communication on delivery
Additionally, Judge Chiah analysed how Asia Excel communicated the information regarding delivery to Ms Chua.
At around 1.13pm on 12 Sept 2024, Asia Excel’s customer service team told her that the delivery would be on 13 Nov between 10am and 3pm and no-showing would incur a S$35 fee.
They also stated that any visible defects must be raised on the spot upon delivery, with no claims for them accepted after the delivery man leaves.
On 13 Sept 2024, at around 11.52am, Asia Excel’s delivery team texted Ms Chua. They told her that someone needed to be at the address to check the appliance on delivery.
The team also stated that only visible damages such as scratches or dents needed to be reported upon delivery. Functional defects are covered by the product warranty.
“It is immediately plain analysing the above that the substance of the Review is wholly justified,” Judge Chiah found.
Negative reviews part of doing business on Shopee, says judge
Asia Excel had argued that the review is not consistent with the fact that the manufacturer provides a product warranty.
Judge Chiah instead stated that Ms Chua was clearly referring to a refund from Asia Excel in her review.
Source: Melissa LovesIceCream on Google Maps
The judge highlighted that e-commerce platforms like Shopee actively encourage buyers to give ratings and post reviews on products and sellers for other buyers to see.
Negative reviews are necessarily part and parcel of conducting business online.
He eventually concluded that Ms Chua’s comments were those that a “fair-minded person can honestly make on the facts”.
The judge further considered the review as being a matter of public interest.
Judge Chiah thus dismissed the defamation claim. He also ordered Asia Excel to pay S$4,000 in costs to Ms Chua.
Also read: Man in M’sia gets sued for S$91K after writing negative review of restaurant on Facebook
Man in M’sia gets sued for S$91K after writing negative review of restaurant on Facebook
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Featured image adapted from Melissa LovesIceCream on Google Maps and MS News.
