Ernakulum Consumer Commission Holds Luxury Drooms Liable For Misleading Advertisement, Ordered To Refund Rs.13,990 For Duplicate Rolex Watch & Compensation Of Rs.30,000

Apoorva Pandita

29 Jan 2024 10:45 AM GMT

  • Ernakulum Consumer Commission Holds Luxury Drooms Liable For Misleading Advertisement, Ordered To Refund Rs.13,990 For Duplicate Rolex Watch & Compensation Of Rs.30,000

    The Ernakulam Consumer Forum, comprising of Mr. D.B. Binu as President, along with Mr. Ramchandran V. and Mrs. Sreevidhia T.N. as Members, found Luxury Droom responsible for deficiency in services due to a misleading advertisement made by them. While the complainant was expecting a discounted Rolex watch to be delivered, he received a duplicate Rolex watch with damaged plating....

    The Ernakulam Consumer Forum, comprising of Mr. D.B. Binu as President, along with Mr. Ramchandran V. and Mrs. Sreevidhia T.N. as Members, found Luxury Droom responsible for deficiency in services due to a misleading advertisement made by them.

    While the complainant was expecting a discounted Rolex watch to be delivered, he received a duplicate Rolex watch with damaged plating. Despite promises of a quick refund, the complainant faced delays. Thereby, noting Luxury Droom's failure to keep promises and use of misleading advertisements, the Consumer Forum directed them to refund Rs.13,990/- for the watch, compensate Rs.30,000/- for deficient services, and pay Rs.10,000/- as proceedings cost.

    Brief Facts

    Anoop Joy (Complainant) bought a discounted Rolex watch from an online site, advertised by Luxury Drooms (Opposite Party), with an original price of Rs.68,990/- and a discounted price of Rs.13,990/-. Upon receiving the watch, Joy found it to be a duplicate with damaged plating, contrary to the promised original product. When he contacted customer care, they assured him that the refund would be done within 6-7 days. Despite assurances of a refund, the complainant did not receive any money and as a result filed a consumer complaint.

    Observations of the Commission

    The Consumer Forum found that the evidence strongly supported the complainant's case against Luxury Drooms, highlighting deficiencies in service and unfair trade practices. Despite receiving notices, Luxury Drooms chose not to appear before the commission, indicating an admission of guilt. The Commission also examined the Rolex watch's condition, the invoice, and a WhatsApp conversation where Luxury Drooms had previously agreed to issue a refund.

    Consequently, the Commission acknowledged the presence of defects in the watch, confirming the complainant's grievances. It observed serious faults on the part of Luxury Drooms, such as misleading social media advertisements and a failure to fulfill their refund commitment. As a result, the Commission allowed the complaint, directing Luxury Drooms to refund Rs.13,990/- for the watch, provide Rs.30,000/- as compensation, and contribute Rs.10,000/- towards the cost of proceedings. Failure to comply within 30 days would result in a 9% annual interest on the specified amounts.

    Case Title: Sweta Agarwal vs Exotica Orchids

    Case No.: CC/458/2021

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