Kerala

Thiruvananthapuram

CC/269/2023

Carl Lewis.S - Complainant(s)

Versus

CEO,Cross Beats - Opp.Party(s)

29 Nov 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

PRESENT

               SRI.P.V.JAYARAJAN           : PRESIDENT

          SMT.PREETHA G NAIR     : MEMBER

           SRI.VIJU.V.R                       : MEMBER

CC.NO.269/2023 (Filed on : 03/06/2023)

ORDER DATED : 29/11/2023

COMPLAINANT

Carl Lewis,

Carmiya, Muthana.P.O

Muthana,

Thiruvananthapuram

Pin code – 695146

(Party in person)

                                                   VS

OPPOSITE PARTY

Abhinav Agarwal.

CEO, Cross Beats,

Ground Floor, Brigade Tower,

135, Brigade Road,

Shanthala Nagar,

Ashok Nagar, Bengaluru

Karnataka – 560025

(Exparte)

ORDER

SRI.P.V.JAYARAJAN                  : PRESIDENT

1. This complaint is filed under section 35 of Consumer Protection Act 2019 and stood over to this date for consideration and this Commission passed the following order.

2.  This is a complaint filed by the complainant against the opposite party alleging deficiency in service on the part of the opposite party. After admitting the complaint notice was issued to the opposite party. The said notice was accepted by the opposite party on 30/06/2023. After accepting the notice the opposite party failed to appear before this commission and hence on 14/08/2023 the opposite party was called absent and set exparte.

3.           The case of the complainant in short is that on 27/09/2022 the complainant purchased a Cross beats Ignite Spectra Premium Retina AMOLED Display Smart watch, through Amazon by paying a sum of Rs.3,999/- (Rupees three thousand nine hundred and ninety nine only). The product was having one year warranty. On 25/05/2023 according to the complainant the above referred smart watch became defective. The display of this smart watch was also become defective with a vibration. The complainant further states that the vibration continued till the battery charge was over. When the complainant tried to charge the phone, again the same type of vibration started and hence the complainant stopped charging the smart watch. Subsequently, the complainant contacted the customer care of opposite party and as per their instruction a short video regarding the technical issue of the smart watch of the complainant was also sent to the customer care. After several communications with the opposite party, they advised the complainant to contact the service centre at Kochi. When contacted the authorized service centre at Kochi, it was informed that they will provide service only to a product purchased within six months and for the product purchased beyond six months, will be directly dealt with by the company. Though the complainant informed that the product is having one year warranty, the service center was not ready to provide the required service during the warranty period. According to the complainant the inaction on the part of the opposite party by not providing service during the warranty period of the product amounts to deficiency in service and unfair trade practice. The complainant further submits that because of the indifferent attitude from the side of the opposite party, the complainant has suffered mental agony and financial loss which has to be compensated by the opposite party. Hence the complainant approached this commission for redressing his grievances.

4.  The evidence in this case consists of PW1 and Exts.A1 to A4 from the side of the complainant. The opposite party being declared exparte, there is no oral or documentary evidence from the side of the opposite party.

5.     Points for consideration

1.  Whether there is any deficiency in service or unfair trade practice on the part of the opposite party?
2. Whether the complainant is entitled for the relief claimed in the complaint.
3. Order as to cost.

6.      Heard. Perused affidavit, documents and records. To substantiate the case put forward by the complainant, the complainant himself sworn an affidavit as PW1 and Exts.A1 to A4 were marked. Ext.A1 is the tax invoice issued by the opposite party to the complainant. Ext.A2 is the e-mail communications between the complainant and the opposite party. Ext.A3 is the screen short of the review and comments of other customers regarding product of the opposite party. Ext.A4 is the list of service centre and the CD contains the conversation between the complainant and technician of the opposite party. As the opposite party was declared exparte, there is no affidavit or documents from the side of the opposite party. From Ext.A1 it is proved that the complainant has purchased the subject matter product from the opposite party by paying Rs.3,999/- (Rupees three thousand nine hundred and ninety nine only). Ext.A2 shows that the complainant has frequently contacted the opposite party through e-mail and the frustrations of the complainant is evident from those communications. There is no evidence from the side of the opposite party to discredit the evidence adduced by the complainant. Hence the evidence adduced by the complainant stands unchallenged. We accept the evidence adduced by the complainant in the absence of any contra evidence from the side of the opposite party. From the available evidence before this commission it is evident that the product was having one year warranty and the opposite party has not provided the required service within the warranty period. Hence we find that there is deficiency in service and unfair trade practice on the part of the opposite party. The documents produced before this commission proves that the complainant has suffered mental agony and financial loss due to the deficiency in service and unfair trade practice on the part of the opposite party. As the mental agony and financial loss caused to the complainant was due to the deficiency in service and unfair trade practice on the part of the opposite party, we find that the opposite party is liable to compensate the loss sustained by the complainant. By swearing an affidavit as PW1 and by marking Exts.A1 to A4 documents, we find that the complainant has succeeded in establishing his case against the opposite party. In view of the above discussions, we find that this is a fit case to be allowed in favour of the complainant.

                   In the result, the complaint is allowed. The opposite party is directed to refund Rs.3999/- (Rupees three thousand nine hundred and ninety nine only) with 6% interest from 27/09/2022 along with Rs.10,000/- (Rupees ten thousand only) as compensation and Rs.2500/- (Rupees two thousand five hundred only) towards the cost of this proceedings to the complainant within 30 days from the date of receipt of this order, failing which the amount except cost shall carry an interest at the rate of 9% per annum from the date of order till the date of remittance / realization.  

                 After complying the order the opposite party is at liberty to take back the smart watch from the complainant.

         A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

 

        Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Commission, this the 29^th day of November 2023.

 

                                                                                      Sd/-

P.V.JAYARAJAN    : PRESIDENT

                                                                                               Sd/-

        PREETHA G NAIR      : MEMBER

                                                                                                Sd/-

VIJU.V.R    : MEMBER

                                                                                          

                

 

 

Be/

 

 

 

APPENDIX

List of witness for the complainant

PW1                      - Carl Lewis

List of Exhibits for the complainant

Ext.A1         -    Copy of tax invoice issued by the opposite party to the

                        Complainant.

Ext.A2        -   Copy of e-mail communications between the complainant and the

                       opposite party.

Ext.A3         -   Copy of screen short of the review and comments of other   

                       Customers regarding product of the opposite party.

Ext.A4        - Copy of list of service centre and the CD contains the conversation   

                      between the complainant and technician of the opposite party.

 

List of witness for the opposite party – NIL

List of Exhibits for the opposite party – NIL

Court Exhibits                                   - NIL

                                                                                                        Sd/-

                                                                                                PRESIDENT