Haryana

Ambala

CC/290/2023

KUNAL SHAHI - Complainant(s)

Versus

DIGICARE SERVICES,APPLE-AMBALA(ASP) - Opp.Party(s)

AMAN BAWA

16 Sep 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	290 of 2023
Date of Institution	:	13.09.2023
Date of decision	:	16.09.2024

 

Kunal Shahi son of Sh. Yashwinder Shahi Partner Shahi Farms resident of H.No.216, Shastri Nagar, Ambala City.

…. Complainant

                                                Versus

DIGICARE Services, APPLE-AMBALA (ASP), through its Manager, Ist Floor, Shop No.12, Galaxy Mall, Sector 7, HUDA, Ambala City, Pin code 134003.

.…. Opposite Party

 Before:        Smt. Neena Sandhu, President.

                       Smt. Ruby Sharma, Member,

            Shri Vinod Kumar Sharma, Member.           

 

Present:       Shri Aman Bawa, Advocate, counsel for the complainant.

                    OP already ex parte.              

Order:        Smt. Neena Sandhu, President.

                   Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Party (hereinafter referred to as ‘OP’) praying for issuance of following directions to it-

i) To provide new apple airpods alongwith wireless charging case

 

iii) To pay Rs.1,00,000/- as compensation for the mental agony and physical harassment suffered by the complainant.

 

iii) To pay Rs.15000/-, as litigation expenses.

 

          Grant any other relief which this Hon’ble Commission may deems fit.

 

2.             Brief facts of this case are the complainant has purchased APPLE AIRPODS PRO WITH WIRELESS CHARGING CASE on 8.9.2020 ΙΜΕΙ No.GXID47CKLKKT with the warranty and guarantee of one year from the date of purchase. The firm of the complainant deals with trading and manufacturing of Poultry dairy products and deals in trading of frozen dairy products of both veg and non-veg and has multiple offices in Haryana and Himachal Pradesh. In the month of July, 2021, the complainant started facing problem regarding the connectivity and hearing of the above mentioned Airpods and there was a great issue in the charging of the same with the case as well and because of this there was the great vandalization in the trading and dealing of the complainant with his business partners and other associates relating to the present and future contracts and deals. There has been many occasions that during an important business conference call either on video or audio due to the difficult and disturbed connectivity of the Air pods, the meeting could not be handled properly and it resulted in great damage to the contracts and business of the complainant and resulted in financially and mentally loss which is still continuing. The complainant approached the Office of OP many times and detail of the job sheets are as such:-

 

a) Job NO.HR2107120221 dated 12.7.2021.

 

b) Job No. HR2108070007 dated 7.8.2021.

 

c) Job No.HR2108240034 dated 24.8.2021

 

d) Job No.HR2109070099 dated 7.9.2021.

 

e) Job No.HR2110250479 dated 25.10.2021

 

f) Job No.HR2202090331 dated 9.2.2022.

Despite service the said Air-pods are not working properly. The complainant has an Apple ID Kunalshahi86@gmail.com and has purchased Apple I-phone, Apple Macbook, Apple watch, Apple TV and all were connected to the Apple Mobile and Mobile itself is connected to the Air-pods which makes them a single communication device and there was difficulty in operating in each one of them because of the faulty products that has been sold by the company. The technicians of the OP have failed to rectify the defect in the said airpods.  Left with no alternative, the complainant has served a legal notice dated 5-3-2023 through his counsel by registered AD Post/whatsapp, upon the OP but to no avail.  Hence, the present complaint.

3.           Upon notice, none has appeared on behalf of the OP before this Commission, therefore, it was proceeded against ex-parte vide order dated 16.11.2023.
4.           Learned counsel for the complainant tendered affidavit of the complainant as Annexure CW1/A alongwith documents as Annexure C-1 to C-9 and closed the evidence on behalf of the complainant.
5.           We have heard the learned counsel for complainant and have also carefully gone through the case file.
6.           Learned counsel for the complainant submitted that the apple airpods in question got defective during the warranty period but the OP by neither repairing or replacing the defective apple airpods with a new one, have committed deficiency in service and also indulged into unfair trade practice.
7.           It is coming out from the job cards, Annexure C-3 to C-9 for the period from 12.07.2021 to 09.02.2022 that the complainant had landed the apple airpods with the OP during warranty period for repairs, as he was facing problem-charging issue; sound crackling issue in buds, battery draining fast and disconnection issues. Even legal notice dated 05.03.2022, Annexure C-2 was also sent by the complainant to the OP in the matter. It is the definite case of the complainant that the apple airpods  in question did not work properly within few months of its purchase, as a result of which, the OP was requested several times to either rectify the defects in the apple airpods in question or to replace it but to no avail. It is also the definite case of the complainant that despite getting the service of the said Air-pods, vide the job cards referred to above, the same are not working properly. It is significant to mention here that, as stated above, notice of this complaint was sent to OP seeking its version, yet, nobody appeared on its behalf, despite service,  as a result whereof, it was proceeded ex-parte vide order dated 16.11.2023. This act of the OP draws an adverse inference against it. The non-appearance of the OP shows that it has nothing to say in its defence against the allegations made by the complainant. Therefore, the assertions of the complainant went unrebutted & uncontroverted. Facing with this situation, we are of the view that since the apple airpods in question got defective during the warranty period, therefore, it was the bounded duty of the OP to repair the same if not repairable then replace the same, with the new one, but nothing was done by the OP, hence, it is said to be deficient in providing service. As such, we are of the view that the OP is not only liable to replace the defective apple airpods in question, with the new one, but is also liable to compensate the complainant for the mental agony and physical harassment caused to him alongwith litigation expenses.  
8.           In view of the aforesaid discussion, we hereby allow the present complaint and direct the OP, in the following manner:-
   1. To replace the defective apple airpods with a new one- APPLE AIRPODS PRO WITH WIRELESS CHARGING CASE.
   2. To pay Rs.3,000/-, as compensation for the mental agony and physical harassment suffered by the complainant.
   3. To pay Rs.2,000/-, as litigation expenses.

                             The OP is further directed to comply with the aforesaid directions within the period of 45 days, from the date of receipt of the certified copy of the order, failing which the OP shall pay interest @ 8% per annum on the awarded amount, from the date of default, till realization.

                   Complainant is also directed to handover the apple airpods in question to the OP, on receipt of the new apple airpods and the awarded amount, from the OP.

                   Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced:- 16.09.2024

 

(Vinod Kumar Sharma)	(Ruby Sharma)	(Neena Sandhu)
Member	Member	President