Delhi

North

CC/87/2022

SH. SARABJEET SINGH - Complainant(s)

Versus

NOISE - Opp.Party(s)

06 Mar 2024

ORDER

District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

 

Consumer Complaint No.:87/2022

IN THE MATTER OF:

 

Sh. Sarabjeet Singh

S/o Sh. Raghubir Singh Narula,

B-2/97, Paschim vihar,

New Delhi-110063.

 

Works for gain at:

Chamber No.71,

Western Wing, Tis Hazari Court,

Delhi-110054.                                                                 …                                                           Complainant

 

Vs

NOISE

Being operated and runed by

Nexxbase Marketing Pvt. Ltd.

Office at:

T-15/6 Basement,

DLF Phase-3,

Gurgaon, Haryana-122001.                                  …                                                Opposite Party No.1

 

Nexxbase Marketing Pvt Ltd.

Office at:

T-15/6 Basement,

DLF Phase-3,

Gurgaon, Haryana-122001.                                  …                                                Opposite Party No.2

 

Shikha Enterprises

Noise Authorized Service Center

Office No.6, GF, Plot No.1,

Khasra No.602, Shahabad Daulatpur,

Opposite Delhi Technological University,

Delhi-110042.                                                                 …                                               Opposite Party No.3

 

ORDER

06/03/2024

Ashwani Kumar Mehta, Member:

 

1.       The present complaint has been filed under Section 35 of the Consumer Protection Act, 2019. The brief details of facts, as alleged by the Complainant in the Complaint in hand, are that the complainant looking at the goodwill and reputation of the brand name of Opposite Party No.1 in the wireless audio segment and considering the fact that Opposite Party No.1 offers one year after sale services/warranty on its products, purchased one Noise Air Buds Mini Truly Wireless Bluetooth Handset on 09.10.2021 from Flipkart bearing Invoice Number # FAH8E82202016269 which was sold by Shreyash Retail Private Limited. The true copy of the bill/invoice bearing Invoice Number FAH8E82202016269 is annexed with the complaint as 'Annexure C-1'. Soon after the purchase of the Noise Air Buds Mini Truly Wireless Bluetooth Handset, complainant started facing issues/defects in the product to the extent that one side of the wireless Bluetooth Handset automatically gets disconnected and do not get paired even after resetting, reconnecting and repairing the Noise Air Buds Mini Truly Wireless Bluetooth Handset. Being aggrieved by this issue, complainant firstly visited Opposite Party No.1's authorized service centre i.e., Shikha Enterprises on 25.11.2021 i.e., within one month from the date of purchase of the product.

 

2.       It has been alleged that on visiting Opposite Party No.1's authorized service centre, they collected the soft copy of bill of the product via e-mail and thereafter reset the product via their system. Despite their resetting the product for the very first time, complainant still faced the same problem wherein the left ear air bud was not getting paired. On protest, opposite party no.3 i.e., authorized service center executive again performed the task of resetting and updating the software on the Noise Air Buds Mini and handed over the Bluetooth Handset with the assurance that the same issue will not be faced again by complainant. The printout copy of the e-mail dated 25.11.2021 and e-mail dated 12.02.2022 is annexed with the complaint as 'Annexure C-2 (Colly)'. Complainant on the assurance given by opposite party no.3 went back with the Noise Air Buds Mini with an Impression that the same problem won't be faced back by the complainant. However, the same problem was faced again by the complainant few days after his visit to OP No.1's authorized service center i.e., Shikha Enterprises on 25.11.2021. The complainant again visited OP No.1's authorized service centre with the same issue. Even this time, OP No.3 performed the same actions and assured complainant that all the problems have been resolved from their end and that the complainant won't face any issue again in future. The complainant on assurance, left OP No.1's authorized service centre. However, the problem was never resolved. The complainant again approached OP No.1's authorized service centre on 12th February 2022 with the same issue and requested OP No.3 to kindly affix the problem in the product and if in case the same cannot be fixed, to issue a new product to my client. However, even this time, OP No.3 performed the same action i.e., performed the task of resetting and updating the software on the Noise Air Buds Mini and handed over the Bluetooth Handset with the assurance that the same issue will not be faced again by complainant. Complainant requested OP No.3 to kindly change the product on the ground that the product which has been sold to complainant is a defective piece and that within 3 months of purchase of product, he has visited thrice to get the product affixed. However, Opposite Party by completely ignoring the request of complainant gave false and hollow assurance that the issue in the product has been affixed and that the complainant won't face the same issue again. However,  within 2 days of the visit to the service centre, complainant had started facing the same issue again i.e., one side of the wireless Bluetooth Handset automatically gets disconnected and do not get paired even after resetting, reconnecting and repairing the Noise Air Buds Mini Truly Wireless Bluetooth Handset.

 

3.       It has further been alleged that these acts and deeds of opposite parties clearly reflect that the Opposite Parties are deficient in providing the services to complainant and are following unfair trade practices against complainant. Despite assuring to complainant that the issue in the product has been affixed and that complainant won't face the same issue again, complainant has been facing the same issue again and again. The complainant had made several representations to the opposite party with respect to the faulty and defected product, however the Opposite Parties had intentionally ignored the same. The said acts and omissions have caused mental agony and undue harassment to complainant despite patience with the inordinate delay caused by Opposite Parties in repairing/replacing the faulty and defective Noise Air Buds Mini Truly Wireless Bluetooth Handset. A legal notice, dated 18.02.2022 was sent to the opposite party through e-mail, for the demand to immediately replace the faulty Noise Air Buds Mini Truly Wireless Bluetooth Handset with a new product within 15 days from the date of receipt of the notice. Further demand to pay an additional sum of Rs.10,000/- (Rupees Ten Thousand Rupees only) towards the harassment, mental agony, trauma, inconvenience and hardship suffered by complainant due to the above-mentioned deficiency in service, indulgence in unfair trade practice and wrongful acts on part of the Opposite Party. Further demand to pay a sum of Rs. 5,100/- (Rupees Five Thousand One Hundred only) towards cost and expenses of the legal demand notice. The second legal notice, dated 28.02.2022 was also sent to the opposite party through India Post. The office copy of Legal Notice is annexed with the complaint as 'ANNEXURE-C-3'. The opposite party had failed to respond to the legal notice and settle the present dispute.  Therefore, the present complaint has been filed praying to :-

 

1. pass an order / direction to opposite party to replace the faulty and defective Noise Air Buds Mini Truly Wireless Bluetooth Handset as per the warranty terms immediately and extend the warranty period for the new replaced Noise Air Buds Mini Truly Wireless Bluetooth Handset for the period for which the complainant was not been able to use the product;

Ia.  pass an order / direction to the opposite party to refund the current value of the Noise Air Buds Mini Truly Wireless Bluetooth Headset amounting to Rs. 1,499 (One Thousand Four Hundred Ninety-Nine Rupees Only) along-with interest @18% on the principal amount

2. pass an order / direction to opposite party to pay a sum of Rs. 10,000/- (Rupees Ten Thousand Rupees only) towards the harassment, mental agony, trauma, inconvenience, financial losses and hardship suffered by complainant due to the above-mentioned deficiency in service, indulgence in unfair trade practice and wrongful acts on part of the Opposite Party;
3. pass an order / direction to opposite party to pay a sum of Rs. 5,100/- (Rupees Fifty-One Hundred only) towards cost and expenses of the legal demand notice;
4. pass an order / direction to opposite party to pay a sum of Rs. 5,100/- (Rupees Fifty-One Hundred only) towards cost and expenses of the litigation.

 

4.       Accordingly, notices were issued to the OPs to defend the complaint before the commission but the notices could not be served through Speed Post. Hence, the notices served by way of Publication in National daily Newspaper but the OPs neither appeared nor did send any communication despite service of the notice. Since the OPs have chosen not to contest the allegations levelled in the complaint despite service and has been proceeded Ex-parte. The complainant has filed evidence by way of affidavit.  Therefore, the complaint has been examined on the basis of the documents/evidences and material available on records. Since the OPs have chosen not to contest the allegations levelled in the complaint despite service, it is considered as deemed acceptance of the allegations of deficiency of service and harassment to the complainant by the OPs.

5.       In view of the above observations, we are of the considered view that the complainant has suffered directly due to deficient service and unfair trade practice on the part of the OPs  in terms of the deficiency defined in the Act which includes any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained in relation to any service and includes any act of negligence or omission or commission by such person which causes loss or injury to the consumer. Therefore, we feel appropriate to direct the OPs to refund the Rs.1,499 (Rupees One Thousand Four Hundred Ninety-Nine Only), jointly and severally, to the complainant along-with interest @9% from 09-10-2021 till the date of payment within 30 days from the date of receipt of this order. Besides, OPs,  shall also pay a sum of Rs. 10,000/- (Rupees Ten Thousand Rupees only) jointly and severally, to the complainant towards the harassment, mental agony, trauma, inconvenience, financial losses and hardship suffered by complainant due to the above-mentioned deficiency in service and indulgence in unfair trade practice.

 

6.       It is clarified that the aforesaid amount shall be paid by the OPs, jointly and severally, to the Complainant within 30 days failing which OPs shall be liable to pay interest @12% per annum from the date of expiry of 30 days period.

7.       Order be given dasti to the parties in accordance with rules. Order be also uploaded on the website. Thereafter, file be consigned to the record room.

 

                  ASHWANI KUMAR MEHTA                                        DIVYA JYOTI JAIPURIAR

                                 Member                                                                              President           

                         DCDRC-1 (North)                                                          DCDRC-1 (North)