BENGALURU: The Consumer Commission has directed Hearing Wellness Clinic to refund the amount of Rs 2.5 lakhs, the cost of the hearing device and also to pay compensation of Rs 50,000 to a consumer from city, for deficiency of service.
Partly allowing the complaint filed by Sudeep Hemareddy Saswihalli, residing at RBI Layout in city, the Bangalore Urban Second Additional District Consumer Disputes Redressal Commission, also directed to pay Rs 5,000 towards transportation cost and Rs 5,000 towards cost of litigation expenses to the complainant.
The complainant purchased hearing device unit from the Phonak, the regional office in city, for Rs 2.5 lakhs in March 2019. It is definite case of the complainant that due to problem with the instrument, the opposite parties - Hearing Wellness Clinic and Phonak - replaced the same with new device with fresh warranty.
However, the new device was also problematic. Despite same was brought to their notice, they failed to refund the price of Rs 2.5 lakhs. Hence the complainant moved the Consumer Commission.
Recording the submission of the complainant and the opposite parties, the Commission comprising president KS Bilagi and Member V Anuradha noted that the opposite parties neither replaced the new device which has warranty till January 2023 nor refunded the amount. This act of the opposite parties amounts to deficiency of service, the Commission opined.
Admitting the purchase of hearing device, Hearing Wellness Clinic contended that the first instrument was changed. There are no short comings on its part and the complainant has made untenable allegations, which amounts to abuse of process of law and there is no deficiency of service.