| Complaint Case No. CC/23/296 | | ( Date of Filing : 04 Oct 2023 ) |
| | | | 1. SAHIL KUMAR | | HOUSE NO - 4664, STREET NO - 3, NAI BASTI, BATHINDA. | | BATHINDA | | PUNJAB |
| ...........Complainant(s) | |
| Versus | | 1. REALME MOBILE TELECOMMUNICATIONS INDIA PRIVATE LIMITED | | 3RD FLOOR, TOWER B, BUILDING NUMBER 8, DLF CYBER CITY, GURUGRAM-122002, HARYANA, INDIA & WAREHOUSE NH 8, SECTOR 76, KHASRA NO- 1/24, 25, 3/1/1, VILLAGE HASSANPUR, DARBARIPUR, DISTT. GURGAON, HARYANA | | GURUGRAM | | HARYANA |
| ............Opp.Party(s) |
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| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BATHINDA C.C.No. 296 of 04-10-2023 Decided on : 24-04-2024 Sahil Kumar & Address # 4664, Street No.3, Nai Basti, Bathinda, Punjab-151001. ........Complainant Versus Realme Mobile Telecommunications (India) Private Limited, 3rd Floor, Tower B, Building No.8, DLF Cyber City, Gurugram-122002, Haryana, India. Realme Mobile Telecommunications (India) Private Limited, Warehouse NH 8, Sector 76, Khasra No-1/24, 25, 3/1/1, Village Hassanpur, Darbaripur, Distt. Gurgaon, Haryana-122004.
.......Opposite parties Complaint under Section 35 of the Consumer Protection Act, 2019 QUORUM Smt.Priti Malhotra, President Smt.Sharda Attri, Member Present : For the complainant : Sh.Jai Kishan, A.R of complainant. For opposite parties : Ex-parte. ORDER Priti Malhotra, President The complainant Sahil Kumar (here-in-after referred to as complainant) has filed this complaint U/s 35 of Consumer Protection Act, 2019 (here-in after referred to as 'Act') before this Commission against Realme Mobile Tele Communications (India) Private Limited and another (here-in-after referred to as opposite parties). Briefly stated, the case of the complainant is that he purchased Realme Buds 2 Headphones vide lC1C1 (CC) Payment Reference No.8060248426, order No.167702751708595200 on 15.9.2023. It is alleged that on receiving the shipment on 18.9.2023, the complainant opened the package and found that one of the headphones was faulty and headphones were not matched with the website display item and they appeared to have been used one while the other one was clear duplicate. It is a clear violation of the terms and conditions set by Realme and a breach of consumer trust. After noticing these defects, the complainant immediately contacted the customer support team (18001022777) at Realme to seek a resolution to the problem, but their response was unsatisfactory. They stated that they could not take any action on the complaint of the complainant due to failure to record a video during the unboxing process. No such requirement was mentioned or communicated at any point during the purchase process. It is further alleged that the complainant also registered the complaint on the portal https://consumerhelpline.gov.in, grievance No.4945522 on 20.9.2023. After that the complainant got response via call that they are unable to do anything in this case. He also sent e-mails to opposite parties, but to no avail. On this backdrop of facts, the complainant has prayed for directions to the opposite parties to pay the entire claim under reimbursement of purchase i.e. Rs.1198/- alongwith interest @18% p.a. quarterly from the date of respective purchase till the date of payment and Rs.20,000/- as compensation and Rs.20,000/- as litigation expenses. Upon notice, none appeared on behalf of opposite parties. As such, ex-parte proceedings were taken against them. In support of his complaint, the complainant has tendered into evidence his affidavit dated 4.10.2023, (Ex.C2) and documents, (Ex.C1, Ex.C3 to Ex.C7). We have heard Authorized Representative of the complainant and gone through the file carefully. Authorized Representative of the complainant has reiterated the stand as taken in the complaint as detailed above. We have given careful consideration to these submissions. It is case of the complainant that the complainant has purchased headphones online for Rs.1198/- vide tax invoice dated 15.9.2023, (Ex.C6). As per complainant, he received the headphones on 18.9.2023. He opened the box and found that the headphones were faulty and duplicate and were not the same as displayed on the website. The complainant has sent e-mails, (Ex.C3 to Ex.C5) to opposite parties to redress his grievances, but to no effect. Opposite parties have not come forward to contest the complaint of the complainant. Therefore, evidence of the complainant attached with sworn affidavit goes unrebutted and unchallanged. Therefore, there is no reason to disbelieve the version of the complainant. Thus, there is deficiency in services and unfair trade practice on the part of opposite parties. In view of what has been discussed above, present complaint is partly allowed with Rs.2000/- as cost and compensation against opposite parties. Opposite parties are directed to refund an amount of Rs.1198/- (price of the headphones) to the complainant and opposite parties will send their representative at the house of the complainant and complainant will handover the headphones in question to the representative of opposite parties. The compliance of this order be made within 45 days from the date of receipt of copy of this order. In case of non-compliance of the order within the stipulated period, thereafter opposite parties will be liable to pay additional cost of Rs.5000/- to the complainant. The complaint could not be decided within the statutory period due to heavy pendency of cases. Copy of order be sent to the parties concerned free of cost and file be consigned to the record room. Announced 24-04-2024 - (Priti Malhotra)
President (Sharda Attri) Member
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