Date of filing: 22/11/2019                                        

Date of Judgment: 23/03/2023

Mrs. Sashi Kala Basu, Hon’ble President.

This complaint is filed by complainant namely Sri Siddhartha Sarkar under section 12 of the Consumer Protection Act 1986 against the opposite parties (referred as OPs hereinafter) namely (1) Mr. Raghav Somani, CEO of Head Phone Zone and (2) Mr. Balfour Manual, Managing Director of Blue Dart Express Ltd., alleging deficiency in rendering of service on the part of the OPs.

Case of the complainant in short is that on 12.07.2019 he purchased the ‘JBL – charge 4 Grey’ Bluetooth speaker on online payment of Rs. 10,499/-. The speaker was delivered by OP No. 2 on 16.07.2019. But since a defective product was delivered, complainant immediately reported to OP No. 1. As per the advice of OP No. 1, complainant handed over the defective speaker to OP No. 2 for inspection by OP No. 1 on 18.07.2019. On 29.07,2019 OP No. 2 delivered the parcel after inspection by OP 1 but when it was opened complainant found a fake and cheap speaker ‘JBL K3’ which was not even worth Rs. 1,000/-. Complainant thus again reported the matter to OP No. 1 & OP No. 2 about delivery of wrong product but OP 1 e-mailed that their courier partners were not responsible for wrong delivery and they would not refund the money paid by the complainant. Thus the present complaint is filed by the complainant praying to return Rs. 10,499/- along with interest @ 10% , to pay compensation of Rs. 10,499/- for harassment and litigation cost of Rs. 1,000/-.

On perusal of the record it appears that even though OP 2 on receipt of the notice appeared through his Ld. Advocate but did not file any written version in spite of repeated opportunity given nor took any step subsequently. OP No. 1 also didn’t turn up and thus case has been heard exparte.   

So only point requires determination is whether the complainant is entitled to the relief as prayed for?

DECISION WITH REASONS

In support of his case that he had placed order for a “JBL Charge 4’, complainant has filed the e-mail sent by the Head Phone Zone which is represented by its CEO / OP No. 1. It appears from the said e-mail that Head Phone Zone confirmed the order placed by the complainant being order no. 158799 on 12.07.2019 on payment of Rs. 10,499/- through online. The e-mails exchanged between the OP No. 1 and the complainant especially the mail dated 17/07/2019 sent by the office of OP 1` clearly indicates that product ‘JBL Charge 4’ delivered to the complainant on 16/07/2019 was not functioning and the complainant was facing issues with the said product and so OP approved for its replacement. The e-mail dated 29/07/2019 is sent by the complainant to Head Phone Zone on receiving the product after replacement but the box was found already torn and instead of ‘JBL Charge 4’ complainant was delivered JBL K3+. Complainant has also filed e-mail dated 09.08.2019 sent by the Head Phone Zone to the complainant wherein it has been stated that on investigation by them with OP No. 2, they found that there was no tempering. But the same cannot be accepted as no document with regard to the alleged investigation carried by the OP No. 1 is filed. There is absolutely no material that any physical verification or inspection of the delivered product was done during alleged investigation by the OPs. So in the absence of any evidence to counter the claim of the complainant that the box was already torn and wrong product was delivered to him, he is entitled to the refund of the sum paid by him. OPs are jointly liable to refund the said sum of Rs. 10,499/- along with compensation in the form of interest.

Hence

             ORDERED

CC/617/2019 is allowed exparte. OPs are jointly and severally directed to refund Rs. 10,499/- to the complainant along with interest on the said sum @ 8% p.a. from the date of payment i.e. 12.07.2019 to till this date within two months from the date of this order. OPs are further directed to pay litigation cost of Rs. 1,000/- (as prayed by complainant) within the aforesaid period of two months. In default of payment entire sum shall carry further interest @ 8% p.a. till its realisation. Complainant shall return ‘JBL K3+ to OP 1 on payment of sum by the OPs as directed above.