Kerala

Kollam

CC/31/2024

Aswin.P.Suku,aged 20, - Complainant(s)

Versus

Savex Technologies Private Limited, - Opp.Party(s)

30 Oct 2024

ORDER

Consumer Disputes Redressal Commission
Railway Station Road
Karbala Junction
Kollam-691001
Kerala.
 
Complaint Case No. CC/31/2024
( Date of Filing : 17 Jan 2024 )
 
1. Aswin.P.Suku,aged 20,
S/o.Sukumaran.N, Plavila Veedu, Urukunnu.P.O, Thenmala,Kollam District-691307.
...........Complainant(s)
Versus
1. Savex Technologies Private Limited,
E-11,Indian Corporation Compound,Village Dive Anjur(Mumbai Nasik,Highway) Taluka Bhiwandi, Thane, Bhiwandi-421302,Maharashtra.
2. The Fire Boltt Costomer Care Manager,
C/o.Boltt Costomer Care Department,317-Platinum Techno Park,Sector-30 A, Bhagwan Mahaveer Road, Vashi,Navi Mumbai,Pin-400 703, Maharashtra, India.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MRS. S.K.SREELA PRESIDENT
 HON'BLE MR. STANLY HAROLD MEMBER
 
PRESENT:
 
Dated : 30 Oct 2024
Final Order / Judgement

IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOLLAM

                                                    C.C.No. 31/2024

PRESENT

SMT. S.K.SREELA, B.A.L, LL.B, PRESIDENT

 

SRI.  STANLY HAROLD, B.A.LL.B, MEMBER

                                                       ORDER DATED:   30.10.2024

BETWEEN

 Aswin P.Suku, 20 years,

S/o Sukumaran N.,

Plavila Veedu, Urukunnu P.O.,

Thenmala, Kollam 691307.                                                            : Complainant

AND

 

1.         Savex Technologies Pvt.Ltd.,

E-11, Indian Corporation Compound,

Village Dive Anjur (Mumbai Nasik, Highway)

Taluka Bhiwandi, Thane, Bhiwandi 21302,

Maharashtra.

2.         The Fire Boltt Customer Care Manager,

          C/o Boltt Customer Care Department,

317-Platinum Techno Park, Sector-30 A,

Bhagwan Mahaveer Toad, Vashi, Navi Mumbai,

400 703, Maharashtra.

ORDER

Stanly Harold, B.A.LLB, Member

          This complaint is filed U/s 35 of the Consumer Protection Act 2019.

The brief facts of the complaint are as follows:- The complainant purchased an ear pod for ₹999 from the opposite parties' website, www.fireboltt.com, on 19.10.2023, and it was delivered on 22.10.2023.  Thereafter one week the said ear pod had physical damage which was duly intimated to the opposite party.  On 16.12.2023 the opposite parties collected the damaged ear pod from the complainant and assured that they would provide a brand new one as soon as possible.  Thereafter the complainant received a smart watch instead of ear pod he purchased.  Complainant informed the customer care of the opposite parties about the mistake.  So the opposite parties collected the same.  Subsequently there was no response from the opposite parties, even after complainant’s repeated requests. On 13.01.2024 complainant had a conversation with a customer care agent who told his name in difference manner and insulted the complainant.  The complainant had purchased the product by paying Rs.999/-.  The complainant is a consumer and he has availed the product from the opposite parties by paying the consideration which the opposite parties demanded.  It has been three months since the complainant has ordered for the AirPods, which were priced at ₹999. So far, neither a refund has been issued, nor has the item been delivered. The conduct of the opposite parties amounts to clear case of deficiency in service and unfair trade practice.  Therefore the complainant seeks adequate compensation from the opposite parties.

Notice has been issued to the opposite parties and they failed to appear before the Commission and nor filed their versions and hence they were set exparte.  The complainant filed affidavit in lieu of chief examination and Exhibits P1 to P8.  has were marked.  Exhibit.P1 is the tax invoice issued from the Savex technologies Pvt.Ltd. for the purchase of ear pod dated 19.10.2023.  Exhibit P2 is email communication by the complainant to the opposite party.  Exhibit P3 is the reply email issued by the opposite parties.  Exhibit P4 to P8 are the email communications by the opposite parties to the complainant.

The complainant appeared in person to conduct the case and provided evidence that he is a student currently studying in a Polytechnic course at Ezhukone, Kollam. Due to this complaint, he has been required to miss classes and has been unable to participate in placement training. The complainant originally purchased an ear pod from the opposite parties, which was damaged shortly after purchase. The opposite parties collected the defective ear pod and assured the complainant that a new replacement would be provided. However, instead of the promised ear pod, a smartwatch was delivered, which was later collected by the opposite parties following the complainant's notification. Despite multiple assurances, the opposite parties failed to replace the ear pod.

It is clear that the complainant acted in good faith, relying on the representations made by the opposite parties. As a result, he has been unjustly deprived of the promised product. Additionally, the opposite parties were set  ex parte due to their failure to file their version. The opposite parties failed to cross-examine the complainant with relevant documents. Consequently, the affidavit submitted by the complainant remains unchallenged. The complainant, a diploma student, has faced significant academic disruption due to his pursuit of this complaint.

Upon evaluating all materials on record, it is evident that the opposite parties failed to meet their obligations in providing the ear pod. This constitutes a deficiency in service, establishing the validity of the complaint. Therefore, based on the presented evidence, it can be concluded that the complainant has successfully established his case and is entitled to the relief sought.

In the interest of justice and considering the complainant's circumstances, the complaint is allowed. Taking into consideration of the impact on this young student’s rights as a consumer, we order as follows: The opposite parties 1 and 2 are directed to refund the amount of Rs.999/- paid for the purchase of the ear pod with interest @ 12% per annum from the date of complaint i.e. 17-01-2024 until realization along with an amount of Rs.3,000/- as compensation for the losses suffered and Rs.1000/- as costs of the proceedings. The opposite parties 1 and 2 are directed to comply with the above directions within 45 days from the date of receipt of the order failing which the complainant can initiate execution proceedings.  

Dictated to the Confidential Assistant Smt.Minimol S.transcribed and typed by her corrected by me and pronounced in the Open Commission this the 30th day of October 2024.

                                                                                                  Sd/-

                                                                                                   STANLY HAROLD

            MEMBER

             Sd/-

                                                                                                      S.K.SREELA

                                                                                                            PRESIDENT

                                                             Forwarded/by Order          

                                                                                             

                                                                                                                      Senior superintendent

INDEX

Document marked for the complainant:-Nil

Ext.P1 : Tax Invoice

Ext.P2 : Email communication

Ext.P3 : Reply email

Ext.P4 : Email communication

Ext.P5 : Email communication

Ext.P6 : Email communication

Ext.P7 : Email communication

Ext.P8 : Email communication

Witness Examined for the opposite parties:-Nil

Documents marked for opposite parties:-Nil                                                                                                             

                                                                                                                                                                                              Sd/-

                                                                                                                                                                                      PRESIDENT

 
 
[HON'BLE MRS. S.K.SREELA]
PRESIDENT
 
 
[HON'BLE MR. STANLY HAROLD]
MEMBER
 

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.