DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD

Dated this the 26^th day April, 2023

Present : Sri.Vinay Menon V.,  President

            : Smt.Vidya A., Member           

            : Sri.Krishnankutty N.K., Member             Date of filing 26/10/2022  

CC/204/2022

Vignesh.C

Kuppanpully Kalam

Panayur Post, Athicode

Chittur - 678 552                                                          -            Complainant

(Party in person)                                                             

Vs

The Managing Director

Crossbeats, 512, Brigade Tower

135, Brigade Road

Bangalore – 560 026                                                           -             Opposite party 

(Ex-parte)

O R D E R

By Sri.Krishnankutty.N.K., Member.

1.   Pleadings of the Complainant

The complainant made an online purchase of a smart watch from the opposite party on 23/07/2022 and the product was delivered on 28/07/2022.  When the consignment box was opened, he found bugs on the device and the matter was reported to the support whatsapp number of the opposite party.  When the bug details were shared with supports@crossbeats.in, they advised the complainant to send the device to their service centre.  After six days, it was informed that the IC chip of the product is damaged due to drop, overcharging or fluctuations during charging.  After repeated contacts, the opposite party offered to replace the device.  When the replacement was received, it was found that the product was having scratches on it and the buttons were not working.  Though he tried to contact the opposite party, they blocked him on twitter.  Then he registered a complaint on the National Consumer Helpline, but the opposite party was not responding to their mails.

Hence he filed this complaint seeking various reliefs.

2.   Though the notice issued was received and acknowledged by the opposite party, they didn't enter appearance and file their version.

3.   The complainant filed proof affidavit and marked Ext. A1 to A7 as evidence.  In the absence of any version, this Commission is left only with the documentary evidence adduced by the complainant to take any decision in this case.   Ext: A6 is the print out showing the EMIs of Rs. 1,427.41/- for 3 months as cost of the smart watch purchased by the complainant from the opposite party.  Ext. A1 to A4 are the print outs of various messages relating to the ordering, purchase, delivery, complaints, replacement etc of the product.  Ext. A4 is the copy of complaint registered with the National Consumer Helpline; A5 is the share trading portfolio of the complainant.

In the absence of any version from the side of the opposite parties, we have to conclude that the grievance of the complainant was not properly addressed by the opposite party and it has to be treated as deficiency in service on their part. Further they didn't come forward to utilise the opportunity given by this Commission to defend their case.

4.   In the above circumstances, as the complainant could prove a prima facie case against the opposite party and the complaint is allowed ordering the following reliefs.

1. The opposite party is directed to refund the cost of the smart watch Rs. 4,282.23/- along with interest @10% per annum from 28/07/2022 till the date of payment.
2. The opposite party is also directed to pay Rs. 5,000/- towards mental agony.
3. Rs. 2,000/- as cost.

The opposite party shall comply with the directions in this order within 45 days of receipt of this order, failing which opposite party shall pay to the complainant Rs. 500/- per month or part thereof until the date of payment in full and final settlement of this order.

Pronounced in open court on this the 26^th day of April, 2023.

                                                                                                         Sd/-

                                                                                           Vinay Menon V

                                                        President 

                                                                Sd/-

                                                         Vidya A

                                 Member   

                                       Sd/-

                                                                                         Krishnankutty N.K.

                                                                                                Member

Appendix

Documents marked from the side of the Complainant:

Ext. A1: Print outs of screen shorts regarding the delivery of the smart watch.

Ext. A2: Print outs of email communication between the complainant & opposite

             party.

Ext. A3: Print outs of screen shots regarding the grievance reporting.

Ext. A4: Complaint registered with National Consumer Helpline.

Ext. A5: Share trading portfolio details of the complainant.

Ext. A6: EMI details of the cost of the smart watch.

Ext. A7: Tweet details regarding replacement of the smart watch.

Documents marked from the side of opposite party: Nil

Witness examined: Nil

Cost: Rs. 2,000/-

NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.