Orissa

Cuttak

CC/3/2023

Jaish Joshi - Complainant(s)

Versus

Crossbeats - Opp.Party(s)

Self

10 Aug 2023

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C.No.03/2023

          Jaish Joshi,

          Residing at E/248,CDA,Sector-7,

          Near Hindustan Marbles,

          Cuttack,Odisha-753014.                                                  ... Complainant.

 

     Vrs.

 

                   CROSSBEATS,

Having its registered office at Ground Floor,

Brigade Tower,135,Brigade Rd.,

Shanthala Nagar,Ashok Nagar,

                   Bengaluru,Karnataka -560025.

 

Present:         Sri Debasish Nayak,President.

                      Sri Sibananda Mohanty,Member.

 

Date of filing:    05.01.2023

Date of Order:  10.08.2023

 

For the complainant       :          Self.

For the O.P.                      :         None.

 

Sri Debasish Nayak,President.

          Case of the complainant as made out from the complaint petition in short is that he had purchased a smart watch through the official website of the O.P on 19.6.2022 for a price of Rs.6299/-.  On 29.6.2022 the complainant had sent mail to the O.P describing the defects noticed by him in his said smart watch.  On 7.7.2022 the O.P had replied through mail to the complainant asking him to take back the defective product.  On 8.10.2022 the complainant received a mail from the O.P that the replaced product is ready to be despatched to him but the complainant had to bear the courier charge of Rs.99/- to that effect.  On 10.10.2022 the complainant had received the replaced product but it was completely a different one from the original product.  The product purchased by the complainant was Orbit Infiniti (Pine Green) smartwatch for a price of Rs.6,299/- but the item subsequently sent being replaced was Ignite S4 Max for a price of Rs.3,999/- which was delivered to him.  Immediately, the complainant had mailed to the O.P asking him to refund the differential amount complaining that the product received by him subsequently to be of inferior quality and a defective one also, but when no action was initiated, the complainant had to file this case before this Commission seeking refund of his money of Rs.6,300/- from the O.P alongwith  further refund of Rs.99/- as paid by him towards the courier charges and also a sum of Rs.1,00,000/- towards compensation for his mental agony and harassment.  He has also prayed for any other relief as deemed fit and proper.

          The complainant has filed copies of several documents in order to prove his case.

2.       Having not preferred to contest this case, the O.P has been set exparte vide order dt.17.3.2023.

3.       The points for determination in this case are as follows:

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.P and if they have practised any unfair trade ?

iii.      Whether the complainant is entitled to the reliefs as claimed?

 

Point No.ii.

Out of the three points, point no.ii being the most pertinent issue is taken up first for consideration here in this case.

After perusing the averments of the complaint petition, the written notes of submission together with all the copies of documents as available in the case record, it is noticed that the complainant had purchased one smart watch of Orbit Infiniti (Pine Green) for a price of Rs.6,299/- through the official website of the O.P on 19.6.2022 vide his order no.#43968.  Since because the said product was found to be defective, he had made correspondences with the O.P and being asked to return the same he had done so and thereby subsequently received another replaced product on 16.10.2022 after paying the courier charges of Rs.99/-. But the said product was completely a different one from the product as purchased by the complainant earlier.  Subsequent product was Ignite S4 Max make which was costing of Rs.3,999/-.  The O.P after sending a different and inferior product of low price to the complainant had remained silent for which the complainant had to file this case.  As it appears from the copies of documents filed by the complainant, the said purchased smart watch of the complainant had a warranty and replacement policy but the O.P by providing an inferior quality product of a lesser value i.e. of Rs.3,999/- only is thereby definitely found to be deficient in his service and had also practised unfair trade.  Accordingly, this point goes in favour of the complainant.

Points no.i & iii.

          From the discussions as made above, the case of the complainant is maintainable and the complainant is entitled to the reliefs as claimed by him.  Hence it is so ordered;

                                                          ORDER

          The case of the complainant is allowed exparte against the O.P.  Thus, the O.P. is directed to refund the cost of his smartwatch i.e. Rs.6,299/- alongwith interest thereon @ 12% per annum with effect from 19.6.2022 till the total amount is quantified.  The O.P is also directed to refund the courier charges as taken from the complainant for the subsequent replacement of the product to the tune of Rs.99/- alongwith interest thereon @ 12% per annum with effect from 16.10.2022 till the total amount is quantified.  The O.P is further directed to pay a sum of Rs.20,000/- to the complainant towards compensation for his mental agony and harassment as well as a sum of Rs.30,000/- towards cost of his litigation.  This order is to be carried out within a period of 30 days from the date of receipt of copy of this order.

Order pronounced in the open court on the 10^th day of   August,2023 under the seal and signature of this Commission.         

                                                                                                      Sri Debasish Nayak

                                                                                                             President

                     

                                                                                                              

                                                                                              Sri Sibananda Mohanty

                                                                                                         Member