BOAT Authorized Service Centre,Devayoni Support Services India Pvt. Ltd.,
Plot No.SCR-15/ EE (666), Bapuji Nagar, Bhubaneswar
Pin – 751009
Email – …. Opp. Parties
For the complainant : In person
For the OPs : Exparte
DATE OF FILING : 31/12/2022
DATE OF ORDER : 24/04/2023
ORDER
S.TRIPATHY, MEMBER
1. This Consumer Complaint is filed by the complainant U/s 35 of the C.P.Act, 2019 alleging deficiency of service against the OPs.
2. The brief contention of the complaint is that, the complainant purchased one Board Air dopes 131 Bluetooth Headset through online from Sports Lifestyle Private Limited by paying Rs.1,299/- vide invoice No: FAHZ2F2200005181 dated 04/01/2022. After two months of use, the said Bluetooth headset started showing problem and did not work properly. The complainant went to the authorized service centre (OP.2) on 28/03/2022 with the problematic bluetooth headset and got it swapped with an upgraded one. Again after seven days of swapping, the complainant noticed that one side of the bluetooth headset was not working properly. He visited the authorized service centre again on 07/04/2022 and swapped the problematic Bluetooth headset with an upgraded one, hoping that he would not face any problem further. But unfortunately, he faced the same issues again and again and he followed the same swapping procedure by wasting his valuable time and energy. It was due to the use of poor technology in developing the ear buds and improper assembling of the Bluetooth headset, it could not work properly and started showing problem time and again. This caused severe mental agony to the complainant and he decided to resolve his grievance before this Commission. Hence this complaint.
3. Upon notice, the OPs did not appear before this Commission and subsequently they were set exparte. After filing of evidence on affidavit by the complainant, the exparte hearing was taken up.
4 On due perusal of the complaint petition along with the documents relied upon by the complainant , it is established beyond dispute that the complainant has purchased one Board Air dopes 131 bluetooth headset from OP.1 by paying consideration amount of Rs.1299/- vide invoice No: FAHZ2F2200005181 dated 04/01/2022. It is further established that within three months of purchase, the bluetooth headset in question started giving trouble and the complainant faced problem in using it. It is not in dispute that OP.2 (Authorized service centre) has immediately responded to the complainant by swapping the problematic bluetooth headset with an upgraded one. But, it is more surprising to notice that, six times the OP2 has replaced the problematic bluetooth headset with an upgraded one but every time the product comes out as a defective one. In view of the above facts and circumstances, this Commission is of the considered view that the blue-tooth headset in question is defective one. And for this, the complainant had to suffer a lot. Hence it is ordered.
ORDER
The complaint is hereby allowed exparte against the OP.1 and dismissed exparte against the OP.2. The OP.1 is directed to refund Rs.1,299/- (Rupees one thousand two hundred ninety-nine to the complainant towards the cost of the blue-tooth headset in question. Further, the OP No.1 is directed to pay an amount of Rs.2000/- (Rupees two thousand) only, as compensation towards mental agony suffered by the complainant and a sum of Rs.1000/- (Rupees one thousand) only towards litigation expenses to the complainant. The order be complied with by the OP.1 within a period of thirty days from the date of communication of this order, failing which the complainant will be at liberty to execute the order against the OP.1 in accordance with law.
The order is pronounced on this day the 24th April, 2023 under the seal & signature of the President and Member (W) of the Commission.
(S.TRIPATHY)
MEMBER(W)
Dictated & corrected by me
Member ( W)
I agree
President
(K.C.RATH)
Transcribed by Smt. M.Kanungo, Sr.Steno
