Date of filing:- 14/11/2023.

Date of Order:-29/07/2024.

DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION

B A R G A R H (ODISHA).

Consumer Complaint No. 161 of  2023.

            Debendra Kumar Panigrahi, aged about 43 (forty three) years, son of Goura Charan Panigrahi, Resident of Ward No.1(one), Bargarh, Po/Ps/Dist. Bargarh.

                                                                         .....           .....        .....             Complainant.

-: V e r s u s :-

1. Cresurge Private Limited, Represented though its Director, At 3^rd floor, Manandi Plaza, St. Mark's Road, Shanthala Nagar, Ashok Nagar, Bangaluru, Karnataka, 560025, India.
2. Amazone India Pvt. Ltd. represented through its Chief Executive Officer, Burla, Po/Ps. Burla, Dist. Sambalpur, Pin-768017.

                   .....            .....       .....   Opposite Parties.

Counsel for the Parties:-

For the Complainant :-            Sri T.C.Tripathy, Advocate with associates.

For the Opposite Party No.1(one)  :-   Himself.

For the Opposite Party No.2(two)  :-   Sri H.H.Gursahani, Advocate with associates.

                                                            -: P  R  E  S  E  N  T :-

Smt. Jigeesha Mishra               .....       .....       .....       .....       .....       P r e s i d e n t.

Smt. Anju Agrawal             .....            .....       .....       .....       .....       M e m b e r (W).

Dt.29/07/2024.                                 -: J   U  D   G  E  M  E  N  T:-

Presented by Smt. Anju Agrawal, Member(w):-   

1)         The case of the Complainant is that the Complainant has placed an order for one Kadence Rosewood Guitar Frontier Series Guitar (Black EQ, Electric Acoustic) BO78GTJP5Y (CRE-KAD-ENTR-BLKEQ-C) on Dt.05-02-2023 through on-line platform of Opposite Party No.2(two) vide order No. 405-4801873-6999567, the Opposite Party No.1(one) is dealing with business of manufacturing and selling of musical instruments through out India. The aforesaid instrument was delivered through Opposite Party No.2(two) on Dt.11-02-2023 with one year of warranty. In the month of August 2023, within the warranty period the String E and B of the Guitar suo motto became loose which was adjusted by the Complainant initially, after few days the same problem occurred for which the Complainant lodged complaint before the Opposite Parties on 11-09-2023. On Dt.28-09-2023 the Opposite Party No.1(one) intimated to the Complainant through mail that it is not a manufacturing defect and it relates to the issue of tuning keys which will be provided to the Complainant on payment of ₹ 900/-(Rupees nine hundred)only including shipping charges, the problem with the instrument is not a manufacturing defect but relates to physical and maintenance issue not covered under warranty. The Opposite Party No.2(two) on Dt.12-10-2023 through mail intimated the Complainant that Opposite Party No.1(one) has denied the warranty as per policy. As the instrument is within the warranty period, the Opposite Party No.1(one) has to provide free services and demand of charges amounts to deficiency in service as well as unfair trade practice. Being harassed the Complainant filed the complaint before this Commission prayed that Opposite Parties be directed to pay to the Complainant the sum of ₹ 65,399/-(Rupees sixty five thousand three hundred ninety nine)only  along with pendent elite and future interest  till the realization of the amount. 

2)         The case of the Opposite Party No.1(one) is that the Opposite Party No.1(one) has filed its version and submitted that the Complainant has purchased the instrument from the partner of Opposite Party No.1(one). After 6(six) months of purchasing the instrument the Complainant raised an issue with the customer care team regarding E and B strings are loose. The Opposite Party No.2(two) replied and for assessing asked the videos of the product. After assessing the video which was shared by the Complainant on 26^th September, 2023, it was clearly informed that the issue is not a manufacturing defect but it is a maintenance issue, due to wear and tear of improper usage of tuning keys. The Complainant is regarding maintenance not manufacturing so the Opposite Party No.1(one) requested to pay nominal amount of ₹ 900/-(Rupees nine hundred)only including delivery charges to replace the entire set of 6(six) tining keys. As this is a maintenance issue the Opposite Party No.1(one) is happy to assist the customer to provide a new strings for free to settle the matter.

2)         The case of the Opposite Party No.2(two) is that the Opposite Party No.2(two) has filed its version and submitted that Amazon Seller Services Private Limited is a involved in e-commerce business wherein multiple sellers list their products for purchasers to place orders delivered to the purchaser directly. The ASSPL is an intermediary under the Information Technology Act, 2000 and is a marketplace e-commerce entity under the Consumer Protection Act, 2019. The Opposite Party No.2(two) has been incorrectly made a party, the said product purchased by the Complainant was manufactured by a company called “Kadence” and the aforesaid Guitar purchased by the Complainant was under a one year branded warranty provided by the said manufacturer. The Complainant was denied the benefits of the warranty for an alleged defect in product by the manufacturer and ASSPL has not role to play in the present cases. On Dt.05-02-2023, the Complainant purchased the product from the E-commerce market place and the said product was delivered on Dt.11-02-2023, on perusal of invoice, it becomes clear that the sale and purchase agreement was entered into by the Complainant and seller, the ASSPL being an intermediary facilitated this transaction. The Opposite Party No.2(two) has no role to play in warranty condition, there is no deficiency in service on part of Opposite Party No.2(two), the case to be dismissed against Opposite Party No.2(two).

3)         Perused the documents filed by the Parties and its reveals that the Opposite Parties on Dt.05-02-2023 issued an Invoice No. KA-BLR7-171409701-2223 in favour of Complainant and accordingly Complainant has paid ₹ 5,399/-(Rupees five thousand three hundred ninety nine)only. The Complainant on Dt.11-09-2023 has through mail communicated to Opposite Party No.1(one) regarding loose strings of the instrument. The Opposite Party No.1(one) after receipt of mail denied to rectify the issue by taking the plea that the strings are not covered under warranty and non-replaceable. It is the duty  of Opposite Party No.1(one) to provide terms and conditions about the parts of the instrument and also the guide how to handle the instrument but the Opposite Party No.1(one) failed to provide. The Opposite Party No.2(two) has communicated with Opposite Party No.1(one) regarding terms and conditions where the Opposite Party No.1(one) denied his liability. Denial of free replacement when the product is under warranty amounts to unfair trade practice on the part of Opposite Party No.1(one). The Opposite Party No.2(two) is an e-commerce company and as intermediary free from liability under the Information Technology Act, 2000. The Opposite Party No.1(one) is deficient in its service by not replacing the strings and also adopted unfair trade practice by asking ₹ 900/-(Rupees nine hundred)only and shipping charges for replacement of string when the product is under warranty. Accordingly following order is passed.

                                                O  R  D  E  R

4)         The complaint is allowed on contest against the Opposite Party No.1(one) and dismissed against Opposite Party No.2(two). The Opposite Party No.1(one) is directed to replace the defective product i.e. Kadence Rosewood Guitar Frontier Series Guitar (Black EQ, Electric Acoustic) BO78GTJP5Y (CRE-KAD-ENTR-BLKEQ-C) with a new one same made and model or return the cost of the Guitar ₹ 5,399/-(Rupees five thousand three hundred ninety nine)only along with ₹ 10,000/-(Rupees twenty thousand)only for deficiency in service and ₹10,000/-(Rupees ten thousand)only towards litigation cost to the Complainant within one month from of this Order, failing which, the entire awarded amount shall carry 12%(twelve percent) per annum interest till realization.

5)         The Complainant is directed to return back the defective Guitar to the Opposite Party No.1(one) immediately after comply the above order.

6)         Accordingly the order is pronounced in the open Commission to-day i.e.  Dt.29/07/2024 and the case is allowed against the Opposite Party No.1(one) and disposed off.

                                                                                             Typed to my dictation

                                                                                              and corrected by me.

                                    I agree,                                                 ( Smt. Anju Agrawal)

                                                                                                     M e m b e r(w).

                       (Smt. Jigeesha Mishra)

                              P r e s i d e n t.