By Smt. Beena. M, Member:-

This is complaint  preferred under Section 35 of the Consumer Protection Act 2019.

2. Brief facts of the case are as follows:- The Complainant is running a Gym center namely Fit Well Gym at Pulpally, Wayanad.   In order to get easy access of contacts and to monitor his body level, the Complainant had purchased a smart watch, manufactured by Opposite Party No.1, vide order No.403-1124002-6601946 paying an amount of Rs.4,999/- vide invoice No. CJBI-2488806 on       14-03-2022 with specifications “Fire-Boltt Thunder Bluetooth Calling Full touch 1.32 inch Amoled LCD Smartwatch with Sp02, Heart Rate & Sleep Monitoring, 30 sports Modes(black) (B09RKCWHV3)” through online platform facilitated by Amazon, to which the Opposite Party No. 2, the seller having joint venture as a subsidiary.  The product was offered with 12 months warranty from the date of purchase by the Opposite Party No.1.  After using the smart watch manufactured by the Opposite Party No.1 with a span of 6 months itself, the watch started not functioning and the display became black like switch off and the same was not turned on even after repeated attempts.  Thereafter, the Complainant contacted the Opposite Party No.3 for resolving the issue and as directed, the Complainant sent the watch through his friend named Faisal to the OP-3 on 20-09-2022 and after admitting the warranty, a customer receipt was obtained with call code 128292160000662.  Even after one month, the watch was not repaired and returned to the Complainant.  After that the Opposite Party No.3 informed the Complainant that the product having manufacturing defect and could not be cured the defect and they will take initiative to replace it. But the Opposite Parties failed to replace the above said smart watch and the said watch is still with Opposite Party No.3.   Since the nonfunctioning of the Smart watch and further trouble caused to the Complainant led to several financial loss and mental agony.  The first Opposite Party is duly bound to replace the smart watch with a brand new one and also liable to pay Rs.15,000/- as compensation.  Hence, this Complaint.  

            3. After the admission of the Complaint, Commission issued summons to the Opposite Party.  The Opposite Parties not entered appearance and hence set them ex parte.

            4. The Complainant filed proof affidavit and the documents produced were marked as Ext. A1 and A2.   

            5. On perusal of documents and evidences, it has been established that the Complainant had purchased a smart watch had manufacturing defect. The Complainant has produced cash invoice to show that he had purchased smart watch for Rs. 4,999/-. The Complainant has also produced customer receipt.  According to the available records and deposition of the Complainant, it is clear that some trouble caused to the Complainant due to the non-functioning of the smart watch and  on the non-reaction of the Opposite Parties.     

6. From a detailed examination and discussion of all the aspects,  in the above case we are of the view that the Complainant has proved the case.  The Complainant is therefore entitled to a favorable order.

 In the result the Complaint is partly allowed and

1. The Opposite Parties are directed to replace the “Fire-Boltt Thunder Bluetooth Calling Full touch 1.32 inch Amoled LCD Smartwatch with Sp02, Heart Rate & Sleep Monitoring, 30 sports Modes(black) (B09RKCWHV3)” with a brand new one within one month from the receipt of this order, failing which pay Rs.4,999/-(Rupees Four thousand Nine Hundred Ninety Nine) being the price of the watch.
2. The Opposite Parties are directed to pay Rs.10,000/- (Rupees Ten Thousand only) jointly and severally to the complainant as compensation.
3. The Opposite Parties are directed to pay Rs.5,000/- (Rupees five Thousand only) jointly and severally to the complainant as cost of the Complaint.

   This order shall be complied within 30 days from the date of receipt of

this order, failing which the  amount shall carry interest @8% p. a.

            Dictated to the Confidential Assistant, transcribed by him and corrected

by me and Pronounced in the Open Commission on this the 30^th  day of March 2023.

            Date of filing:- 25.11.2022.                                                                                                                                                                   

                                                                                    PRESIDENT:  Sd/-

                                                                                    MEMBER   :  Sd/-

                                                                                    MEMBER   :  Sd/-

APPENDIX.

Witness for the Complainant:

Nil.

Witness for the Opposite Parties:

Nil.

Exhibits for the Complainant:

A1.              Copy of Tax Invoice.                dt:14.03.2022.

A2.              Customer Receipt.         

Exhibits for the Opposite Parties:

Nil.             

                                                                                    PRESIDENT :   Sd/-                

MEMBER      :   Sd/-

                                                                                       MEMBER      :   Sd/-