Dharamshala District Commission Holds Harman International And Online Seller Liable For Deficiency In Service

Brief Facts:

Rabinder Kumar (“Complainant”) purchased a JBL Bluetooth Soundbar with a subwoofer from Harman International Pvt. Ltd. (“Manufacturer”) through Consulting Rooms Private Limited (“Online Seller”) on Instakart Services (“Shopping Platform”), which is a subsidiary of Flipkart. Subsequently, after the purchase, the subwoofer stopped connecting with the soundbar. The complainant contacted the Manufacturer for a solution, but they failed to assist, citing lockdown restrictions as the reason. Feeling aggrieved, the Complaint filed a consumer complaint in the District Consumer Disputes Redressal Commission, Kangra, Dharamshala, Himachal Pradesh (“District Commission”).

The complaint sought a direction from the District Commission for the replacement of the defective Soundbar and subwoofer, along with compensation of Rs. 2,00,000 and reimbursement of Rs. 25,000 for legal proceedings, plus interest. He claimed that the Manufacturer and the Online Seller were jointly responsible for the faulty product and the poor after-sales service.

The Manufacturer did not appear in the proceedings and was declared ex-parte. The Online Seller contested the complaint, arguing that they were an intermediary who operated through an e-commerce platform. They claimed not to be directly responsible for the product as they facilitated transactions between buyers and Manufacturers.

Observations by the Commission:

The District Commission noted that the product purchased by the complainant was under warranty for one year. The complainant had reported the issue with the product on multiple occasions, but the Manufacturer and the Online Seller failed to rectify the defect, whereby the subwoofer stopped connecting with the soundbar. The District Commission held the Manufacturer and the Online Seller jointly and severally liable for refunding the purchase amount, paying compensation, and covering legal costs.

Consequently, it directed the Manufacturer and Online Seller to jointly and severally refund the purchase amount of Rs. 8,999 to the complainant, along with interest at a rate of 9% per annum from the date of the complaint until realization. They were also directed to pay compensation to Rs. 4,000 as compensation to the complainant and cover litigation costs amounting to Rs. 5,000. The Manufacturer was allowed to retrieve the product from the complainant’s place in its present condition after making the necessary payments.

Case: Rabinder Kumar vs Harman International and others

Case no.: CC/214/2022

Advocate for the Complainant: Susheel Kumar

Advocate for the Respondent: None (ex parte)

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