BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KAITHAL.
Complaint Case No.9/2022.
Date of institution: 14.01.2022.
Date of decision:10.05.2022.
Mr. Abhishek Batra, S/o Mr. Sanjay Batra, 666/3, Sethan Mohalla, near Manji Sahib Gurudwara, Kaithal (136027) Email-abhishekbatra17@gmail.com,Mobile:8950302172.
…Complainant.
Versus
Boat Limited, Imagine Marketing Services Pvt. Ltd., 2nd Floor, 19, 16, Hauz Khas Village Deer Park, Hauz Khas, New Delhi-110016, India.
….Respondent.
Complaint under Section 12 of the Consumer Protection Act
CORAM: DR. NEELIMA SHANGLA, PRESIDENT.
SMT. SUMAN RANA, MEMBER.
SH. RAJBIR SINGH, MEMBER.
Present: Complainant in person.
Respondent exparte.
ORDER
DR. NEELIMA SHANGLA, PRESIDENT
Abhishek Batra-Complainant has filed this complaint under Section 35 of Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the respondent.
In nutshell, the facts of present case are that the complainant had ordered a headphone (Boat Airdopes 441 TWS Ear-Buds with IWP Technology, Immersive Audio, Up to 30H Total Playback, IPX7 Water Resistance, Super Touch Controls, Secure Sports Fit & Type-C Port B086WMR98R), Order No.407-1781791-9911538, invoice No.IN-DEL5-4258616 for the sum of Rs.1799/- from Amazon on 20.01.2021. It is alleged that after few months, the complainant has noticed that some kind of unusual noise was coming out from the right side of the headphone at the time of playing any sort of audio. It is further alleged that the complainant raised a complaint to the respondent’s company and the respondent’s company has sent a replacement but the complainant after opening the subsequent headphone box, he realized that the respondent’s company has sent him a used product in place of the new one. The complainant again raised a complaint and the respondent’s company again has sent a used product. So, it is a clear cut case of deficiency in service on the part of respondent and prayed for acceptance of complaint.
2. Upon notice, the respondent did not appear and opted to proceed against exparte vide order dt.24.02.2022 of this commission.
3. The complainant tendered in evidence affidavit Ex.CW1/A alongwith documents Annexure-C1 to Annexure-C3 and thereafter, closed the evidence.
4. We have heard the complainant in person and perused the case file carefully and minutely.
5. Complainant-Abhishek Batra in person has stated that he had ordered a headphone (Boat Airdopes 441 TWS Ear-Buds with IWP Technology, Immersive Audio, Up to 30H Total Playback, IPX7 Water Resistance, Super Touch Controls, Secure Sports Fit & Type-C Port B086WMR98R), Order No.407-1781791-9911538, invoice No.IN-DEL5-4258616 for the sum of Rs.1799/- from Amazon on 20.01.2021. It has been argued that after few months, the complainant has noticed that some kind of unusual noise was coming out from the right side of the headphone at the time of playing any sort of audio. It has been further argued that the complainant raised a complaint to the respondent’s company and the respondent’s company has sent a replacement but the complainant after opening the subsequent headphone box, he realized that the respondent’s company has sent him a used product in place of the new one. The complainant again raised a complaint and the respondent’s company again has sent a used product. It has been further argued that he again and again intimated the respondent by way of the telephone conversation and by way of electronic mail conversation in order to solve the said issue, however, the executive of the respondent has acted like flogging of a dead horse in lieu of providing the constructive reply to him till date. Mr. Abhishek Batra-complainant in person has stated that three times, the respondent send used and defective headphone (Ear-Buds).
6. Respondent did not appear in this commission and they were proceeded against exparte. Hence, the evidence adduced by Abhishek Batra-complainant has been remained unrebutted and unchallenged. So, the respondent is directed to refund the amount of Rs.1799/- to the complainant alongwith interest @ 6% p.a. from the date of filing of present complaint till its realization within 45 days from today. In default, the aforesaid amount shall carry a penal interest of 9% p.a. Hence, the present complaint is accepted exparte with cost, which is assessed as Rs.5500/-.
7. In default of compliance of this order, proceedings shall be initiated under Section 72 of Consumer Protection Act, 2019 as non-compliance of court order shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty five thousand rupees, but which may extend to one lakh rupees, or with both. A copy of this order be sent to both the parties free of cost. File be consigned to the record room after due compliance.
Announced in open court:
Dt.:10.05.2022.
(Dr. Neelima Shangla)
President.
(Rajbir Singh), (Suman Rana),
Member. Member.
Typed by: Sanjay Kumar, S.G.
