PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO. 148/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Sudipta Kumar Panda,

S/O- Subodh Kumar Panda,

C/O-Sasankar Sekhar Majhi,

R/O-Binakhandi, Near-Mausi Maa Temple, Kacheri Road

Dist-Sambalpur, Odisha.                                                         ….…......Complainant.

                                    -Vrs.-

1. Amazon India Office

Second Floor, Safina Towers, Opp. Jp

Techno Park, No.3, Ali Asker Road, Bangalore-560052

2. Appario Retail Private Ltd.

6016 Huskur Road, Electronic City Post,

Electronic City Phase-II, Bengaluru, Karnataka-560100.

3. M/S Maa Samleswari Mobile Care

1^st Floor, Jockey Showroom, Budharaja,

Sambalpur-768004.

4. Fireboltt Technologies Pvt. Ltd.

113, Makar Chambers III, 11^th Floor Nariman Point, Mumbai,

Mumbai City, Maharashtra                                  …………........Opp.Parties

Counsels:-

1. For the Complainant         :- Sri. A.K. Mishra & Associates
2. For the O.P.s                       :- Ex-parte

Date of Filing:27.09.2023,Date of Hearing :30.01.2024,Date of Judgement : 02.04.2024

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the Complainant placed an order through O.P. no.1. One smart watch of O.P. No.4 company on 16.06.2022. The Complainant paid an amount of Rs. 3799/- vide invoice No. FBLH-44589. After item months connectivity issue arose in the service centre of O.P. No.4 i.e. O.P. No.3 deposited the product. On 30.06.2023 the Complainant received a replaced product but after five days same problem arose. The product was again deposited in service centre on 04.07.2023 but the O.P. No.3 returned the same on 08.07.2023, saying that warranty period is over. Then grievance was made before Integrated Grievance Redressal Mechanism(INGRAM) on 08.07.2023 but they advised to file this case.

Being aggrieved this complaint has been filed.

2. The O.Ps have been set ex-parte.
3. The Complainant filed the following documents:-

1. Retail invoice No. KA-FBLH-1034-2223 dated 16.06.2022 for Rs. 3799/-.
2. M/S Maa Samaleswari Mobile care Slip dated 29.05.2022.
3. M/S Maa Samaleswari Mobile care Slip dated 04.07.2023.
4. Grievance number 4701091 dated 08.07.2023.

4. Perused the documents filed by the Complainant. Through the O.P. No.1 online platform the product was purchased for Rs, 3799/- on 16.06.2022. On 29.05.2023 the product was submitted before the O.P. The O.P. No.3 replaced the product and as per submission of Complainant on 30.06.2023. During handing over the replaced product warranty period was over on 15.06.2023. Immediately when the replaced product was defective on 04.07.2023 it was submitted with O.P. No.3. The OP No.3 refused to repair/replace the product saying that warranty period is over. Here question arises the O.P. No.3 not replaced immediately after receipt on 29.05.2023. Secondly after warranty period product was replaced and the said product was placed before O.P.No.3 & 4 on 04.07.2023 and  refused. The O.P. No.3 & 4have not provided any replacement if the product is found defective relating to that no any policy found place. To delay the warranty period delaying tactis has been made by the O.P. No.3 which is unfair trade practice.

Accordingly, following order is passed:

ORDER

The complaint is allowed against the O.P. No.3 & 4 and dismissed against the online market place, O.P. No.1 and seller, O.P. No.2. The O.P. No.3 & 4 are directed to replace the product within one month of this order. In Case of non-replacement the O.P. No.4 shall be liable to pay Rs. 3799/- with 9% interest P.A. from date of filing till realisation. The O.P. No.3 & 4 are liable to pay compensation of Rs. 2000/- each and litigation expenses of Rs. 5000/-.

Order pronounced in the open court on this

Supply free copies to the parties.