The Australian Competition and Consumer Commission has instituted contempt action in the Federal Court against Dhruv Chopra, the sole operator of the online electronics store Electronic Bazaar.
The ACCC alleges Chopra made false or misleading representations about the availability of refunds and the extent of Electronic Bazaar’s liability for faulty goods.
The competition regulator alleges that Chopra has breached orders made by Justice Middleton on 11 May 2015, in earlier proceedings brought by the ACCC. In those proceedings the Federal Court found that Chopra had made the false or misleading representations.
The ACCC alleges that Chopra, through his involvement in the online electronics store Dream Kart, has breached the orders made by Justice Middleton by statements or representations on the Dream Kart website.
{loadposition peter}Justice Middleton made orders that prevented Chopra from making representations that consumers who purchase goods from him or any entity controlled by him:
• Are not entitled to a refund, repair, or replacement if the goods are no longer under express warranty
• Are not entitled to a refund when goods have been used or are not in their original packaging
• Are not entitled to a refund unless a claim is made within a specified time period
• Are not purchasing the goods from Mr Chopra or are purchasing the goods from a company.
The ACCC is seeking declarations that Chopra is guilty of contempt, an order for imprisonment and/or payment of a fine, with the application listed for hearing in the Federal Court in Melbourne on 2 December.