Complaint Against Receipt of Tampered and Used AIRDOPE 131 – Request for Redressal

B

bilaltantry

New member
Dealer Name
boat
Company Name
boat
Product Name
AIRDOPES 131 ACTIVE BLACK
Customer Care Number
022-6918-1920.
Loss Amount
774
Ratings
1.00 star(s)
Opposite Party Address
IMAGINE MARKETING LTD D2C GURGOUAN II
Subject: Complaint Against Receipt of Tampered and Used Product – Request for Redressal

Respected Sir/Madam,

I am writing to file a complaint against a recent online purchase in which I was supplied with a tampered and defective product. Below are the details of the issue:

I received my order today via ExpressBeE.

Although the outer packaging was sealed, upon opening the parcel, I discovered:

The top lid of the Boat Airdopes 131 was broken.

The USB Type-C charging cable was missing.

Instead of a new product, I received an old and used pair of Airdopes.

This is a clear case of cheating and deficiency in service. The product was not as described, and I believe this amounts to unfair trade practice under the Consumer Protection Act.

Despite paying for a new item, I have been delivered a used and damaged product. I have evidence (photographs and videos) to support my claim.

I request the Hon’ble Forum to:
Direct the seller/service provider to send me a new and sealed original product as ordered, or

Initiate a full refund of the amount paid, and

Take necessary action against the responsible parties for this fraudulent delivery.

Order Details: 7974952

Product: Boat Airdopes 131

Ordered From: [ ExpressBeE]

Order ID: 7974952

Date of Delivery: 10 may 2025



Yours sincerely,
Dr Bill
 
Hello @bilaltantry

I'm sorry to hear about the distressing experience you've had with your purchase of the Boat Airdopes 131. Receiving a tampered and used product instead of a new one is a clear violation of consumer rights. Here's a structured approach to address this issue:

📝 Summary of Your Complaint​

  • Product: Boat Airdopes 131 (Active Black)
  • Order ID: 7974952
  • Delivery Date: May 10, 2025
  • Seller: Imagine Marketing Ltd (Boat)
  • Delivery Partner: ExpressBeE
  • Issue:
    • Received a product with a broken top lid.
    • Missing USB Type-C charging cable.
    • Product appears used and tampered with.
  • Loss Amount: ₹774

⚖️ Legal Framework​

Under the Consumer Protection Act, 2019, consumers are entitled to receive goods that are free from defects and match the description provided. Delivering a used or tampered product constitutes a deficiency in service and an unfair trade practice.


Haryana - Bhiwani - Xpressbees V/S Suraj Chand

Brief facts of the case, as per complainant are that the complainant ordered EMPORIO Armani Round Dial Silver by paytm through online, chronograph AR 1721 amounting to Rs.29,995/-. The said parcel was dispatched through xpressbees courier. The complainant approached with courier boy for delivery of order, the courier boy said “Coming in 15-20 minutes and when did not come, he called courier partner but the delivery was refused. After that the complainant took his parcel from the office of Xpressbees and the employee of that office said that some of the packets may be out there will be no guarantee of our any kind since then responsible packet open you will have to think a thing when the parcel was opened by the complainant. The parcel was packed with ordinary petty tape and a wristwatch box was inserted in a khaki-coloured box, when the wrist watch was seen from all sides. It is submitted that neither the manufacturing company’s name was not the maximum retail price, the guarantee warranty and terms and conditions by the company were not written on seal. It is further submitted that when the box was opened by the complainant, he was surprised to see that the watch design and colour shown on the payment online application was different from this watch. The complainant immediately contacted the courier service but courier services cannot be of any help. On dated 5.10.2018, the paytm account was closed and will not be able to do any kind of transactions. The complainant’s paytm account is now available at Rs.4779/- and he cannot deal with any kind of company. The complainant alleged that due to the act and conduct of the respondents he has to suffer mental agony, physical harassment and financial losses. Therefore, the complainant claimed a sum of Rs.29,995/- as cost of Armani round dial silver , fine of Rs.25,000/- on paytm and Rs.20,000/- as cost for mental agony and harassment caused by the OPs. Hence, it amounts to deficiency in service on the part of OPs and as such, he has to file the present complaint.

The complainant is entitled for compensation and litigation charges from the opposite parties. Direct for compensation of harassment and litigation expenses as under:-

To pay Rs.5,000/- (Rupees five thousand only) for compensation of harassment.
To pay Rs.5500/- (Rupees five thousand five hundred only) for litigation expenses.

Xpressbees V/S Suraj Chand - Consumer Court Case - 2023-08-18

Consumer Court Case against Xpressbees V/S Suraj Chand - Consumer Court Case against - Xpressbees
www.consumercourt.in www.consumercourt.in


🛠️ Steps to Seek Redressal​

1. Gather Evidence​

  • Photograph the product, packaging, and any visible defects.
  • Retain all related documents: invoices, order confirmations, and communication with the seller or delivery partner.

2. Contact the Seller​

  • Customer Care Number: 022-6918-1920
  • Email: Reach out to Boat's official customer support email with a detailed description of the issue and attached evidence.
  • Request: A replacement with a new, sealed product or a full refund.

3. File a Complaint with the National Consumer Helpline (NCH)​

  • Website: consumerhelpline.gov.in
  • Procedure:
    • Register an account.
    • Submit a detailed complaint with supporting documents.
    • Track the status using the provided complaint ID.

4. Approach the Consumer Disputes Redressal Commission​

  • Jurisdiction: District Consumer Disputes Redressal Commission in your area.
  • Procedure:
    • Draft a complaint detailing the issue and relief sought.
    • Attach all relevant documents: invoices, photographs, communication records.
    • Submit the complaint along with the requisite fee.
    • Attend hearings and present your case.

📌 Additional Tips​

  • Timeframe: Act promptly to ensure your complaint is within the statutory limitation period.
  • Legal Assistance: Consider consulting with a legal professional to assist with drafting complaints and representing you in legal proceedings.
  • Public Awareness: Sharing your experience on public platforms can also alert other consumers and put pressure on the service provider to address such issues.
By following these steps diligently, you can seek redressal for the grievances faced due to the defective product received. It's essential to assert your rights and ensure that service providers adhere to fair and transparent practices.

Important Tip:
Before taking legal action, it is advisable to first send a legal notice to the Opposite Party.
Click to expand...
Note:
We can assist in:
  • Drafting professional legal notices.
  • Filing consumer complaints for deficiency in service.
Feel free to contact us if you wish to proceed with a legal notice draft or complaint preparation.

Regards,
Support Team
 
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