Dealer fined Rs 5,000 for not replacing defective power bank
The District Consumer Disputes Redressal Commission, Chandigarh, has directed Harikrushna Communication, Ahmedabad, and manufacturing company Intex Technologies (India) to pay compensation of Rs 5,000 to a city resident for selling a defective power bank and not replacing it within the warranty period.
Rikash Goel, a resident of Industrial Area, Phase-I, Chandigarh, said after seeing an advertisement on the website of Amazon Seller Services Private Limited, he purchased a power bank from Harikrushna Communication on payment of Rs 770 on July 22, 2020
On September 26, when he went to Himachal Pradesh and tried to use the power bank for charging his mobile phone, it did not start.
On September 28, he approached Bharat Enterprises, Sector 41, Chandigarh, with the defective product. Goel said he was told that the company would not change the power bank with a new one.
On October 10, the complainant received an SMS on his mobile that he could collect his product as the job sheet had been closed.
When he called at the mobile number given on the job sheet, he was told that he can collect a new power bank under exchange.
However, on October 12, when he visited the service centre of the company the official concerned tried to hand over an old, scratched and used power bank instead of a new one.
When he resisted, the company refused to hand over the previously submitted old power bank or the new power bank in its place. Alleging that the acts amount to deficiency in service and unfair trade practice, he filed a consumer complaint.
In its written version, Amazon Seller Services Private Limited said it operated and managed the e-commerce marketplace wherein independent third party sellers listed their products for sale and any seller was free to list any product for sale and any buyer was free to choose and order any product from any independent third party seller selling that product on marketplace.
It had no influence or interference in the said process, the e-commerce company said.
The product was sold to the account holder by independent third party seller Harikrushna Communication, Gujarat.
After hearing of the arguments, the commission said it is on record that the complainant had purchased a power bank on July 22, 2020, by making payment of Rs 770 and the same developed defect within the warranty period.
However, despite the fact that the product was well within the warranty period, the seller neither repaired the same nor replaced it with a new one, which amounts to deficiency in service and unfair trade practice on their part.
In view of this, Harikrushna Communication, Gujarat, Bharat Enterprises, Sector 41, Chandigarh, and Intex Technologies (India) Limited are directed to refund the invoice price of the power bank i.e. Rs 770 to the complainant, along with interest at the rate of 6% per annum till the date of its actual realisation.
They shall also pay lumpsum compensation of Rs 5,000 to the complainant for the harassment caused to him.
