The Australian Competition and Consumer Commission has commenced proceedings in the Federal Court against Mr Dhruv Chopra alleging contempt of court.
The ACCC alleges that Mr 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 Mr Chopra, the sole operator of the online electronics store Electronic Bazaar, made false or misleading representations about the availability of refunds and the extent of Electronic Bazaar’s liability for faulty goods.
The ACCC alleges that Mr Chopra, through his involvement in the online electronics store dreamkart.com.au (Dream Kart), has breached the orders made by Justice Middleton by statements or representations on the Dream Kart website.
The ACCC is seeking declarations that Mr Chopra is guilty of contempt, an order for imprisonment and/or payment of a fine.
“The ACCC sought and obtained orders from the Court to prevent Mr Chopra from making false or misleading representations to consumers about their consumer guarantee rights under the Australian Consumer Law,” ACCC Chairman Rod Sims said.
“The ACCC will not hesitate to pursue contempt of court action when it considers that Court orders, obtained for the protection of consumers, have been breached.”
The application has been listed for hearing in the Federal Court in Melbourne on 2 December 2016.
Background
On 11 May 2015, Justice Middleton made orders that prevented Mr 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.