Haryana

Charkhi Dadri

CC/18/2023

VINOD KUMAR - Complainant(s)

Versus

NEXXBASE MARKETING PVT. LTD. through its Manager. - Opp.Party(s)

Sh. Harminder Dhankhar

05 Aug 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHARKHI DADRI

                                                                        Complaint No.: 18 of 2023.

                                                                        Date of Institution: 23.01.2023.

                                                                        Date of Decision:     05.08.2024

 

Vinod Kumar S/o Sh. Om Parkash, R/o Village Dhani Phogat, Charkhi Dadri, Haryana-127306. Mobile No. 9812164822

                                                                                    ……Complainant

                                                Versus

Nexxbase Marketing Pvt. Ltd. Khasra No. 146/25/2/1, Jail Road, GSTIN:06AADCN0946N1Az8, Gurgaon (Haryana)-122101 through its Manager                                                  

…...Opposite party.

                        COMPLAINT UNDER THE CONSUMER PROTECTION ACT.

 

Sitting:           Hon’ble Shri Manjit Singh Naryal, President,

                        Hon’ble Shri Dharam Pal Rauhilla, Member,

 

Present:          Sh. Harminder Dhankhar, Advocate for the Complainant.

OP ex parte.

                       

ORDER

1.                     The case of the complainant in brief, is that the complainant had purchased Smart watch model- Noise colourfit Pulse2 Max Smartwatch, colour Jet Black from OP vide Invoice No.NEX/22-23/777988  for a sum of Rs.5999/- vide invoice no. NEX/22-23/777988 dated 08.12.2022. The complainant further alleged that  he purchased this smart watch mainly for measure heart rate and blood oxygen level because the complainant was suffering from corona disease as he was corona positive in 2021 that’s why  blood oxygen level decreasing some time and he faced life threatening situation. But, the smartwatch failed to detect the same. The complainant had felt symptoms of falling down blood oxygen level resulting shortness of breath and headache. Then the complainant measured the blood oxygen level through this smartwatch which showed 98% on the display which is healthy rate of oxygen in blood. Accordingly, the complainant thought that this headache and shortness in breath was not serious for his health. But after two hours health of the complainant starting deteriorating badly and he was taken to the hospital immediately where it was told that his blood oxygen level had reduced. The complainant had mentioned that the OP had supplied counter-feited smartwatch which could have been caused risk to life of the complainant. The complainant further alleged that due to the act and conduct of the OP, he had to suffer mental agony, physical harassment. Hence, it amounts to deficiency in service on the part of OP and as such, he had to file the present complaint.

2.                    Despite service, respondents did not appear, hence he was proceeded against ex parte vide order dated 11.07.2023.

3.                     Complainant has filed his duly sworn affidavit Ex.CW-1/A and documents Ex.C1 to Ex.C5 and closed the evidence on 15.02.2024. 

4.                     We have heard learned counsel for the complainant exparte at length.

5.                     After hearing the learned counsel for the complainant and having gone through the material available on the records, we are of the considered view that the complaint of the complainant deserves acceptance, as there is unfair trade practice in selling the smartwatch and deficiency in service on the part of the OP.  The complainant has successfully proved his case by placing on record Ex. C2 copy of Tax invoice No.NEX/22-23/777988 dated 08.12.2022 establishing that the complainant had purchased one wrb-sw-colorfitpulse2max-blk_blk-SBI wrb-sw-colorfitpulse2max-std-blk_blk-Noise ColorFit Pulse 2 Max Smartwatch – Jet Black for a sum of Rs.5,999/- and Health Monitoring  Features of smartwatch comprising heart rate monitor, stress monitor, calories burned, activity history, female health tracking, sports modes, SpO2 monitor, step tracter, distance travelled, sleep monitor, breathe etc. are attached as Ex.C1. Attracted by the features, the complainant had purchased the questioned smartwatch. This document corroborates the complaint of the complainant. The version of complainant is supported by an affidavit.

6.                     On the other hand, the opposite party has failed to appear before this Commission despite service of notice and proceeded exparte vide this Commission order dated 11.07.2023. Hence, no documentary evidence and written statement to defend itself could not be placed on record.  It appears that OP has nothing to say to controvert the stand taken by the complainant.  The version of complainant is supported by an affidavit. Therefore, the case of the complainant remained unchallenged and un-rebutted and there is no reason to disbelieve the case of the complainant.  Hence, in view of the circumstances mentioned above, the complaint of the complainant is allowed and the opposite party is directed as under: -

1. To refund Rs.5,999/- (being the cost of the smartwatch) along with interest @ 6 % p.a. from the date of filing of present complaint till its final realization.
2. To pay Rs. 2,000/- as compensation to the complainant for mental agony and harassment.
3. To pay Rs.2,000/- as litigation charges.

7.                      The above order be complied within 45 days from the date of this order failing which further interest @9% will be paid by the OPs for the delayed period.

8.                     Certified copies of this order be supplied to the parties free of costs.  File be consigned to the record room, after due compliance.