SMT.MOLYKUTTY MATHEW : MEMBER

     This is a  complaint filed by the complainant  U/S 35 of the Consumer Protection Act 2019 for an order directing the OP to refund  the value of the mobile phone worth Rs.13,999/-  to the complainant    along with  compensation  and cost  to the complainant  for   the deficiency of service and  unfair trade practice on the part of OP.

  The brief of the complaint :

    The complainant had purchased a Redmi note 9 Pro black colour mobile phone from OP and paid Rs.13,999/- dtd.7/2/2023.  The complainant  had purchased this phone for  her personal purpose.  But within 4 months of purchase the mobile phone became defective that the sound system is not properly working.  Immediately the complainant and her friend Shani approached to the OP’s service centre at Kannur on 15/5/2023.  Then the  service centre technician inspected the mobile phone and stated that the sound system is the complaint.  Moreover the phone parts are duplicate and the system inside the phone is not Redmi.  The products of the Redmi company  stopped the production in 2021 and the phone is second hand goods also.  Thereafter the complainant filed a complaint before the Amazon customer care but no reply from the grievance cell also. The act of   OP the complainant  caused much mental agony and financial loss.   So there is deficiency of service and unfair trade practice on the part of OP.  Hence the complaint.

           After filing the complaint, notice  issued to OP . After receiving the notice the OP had not appeared before the commission and not filed  version . The commission had to hold that the OP has no version as such  this case came to be proceed against  the OP  is  set  exparte. 

    Even though the OP have remained ex-parte it is for the complainant to establish the allegations made by her against the OP.  Hence the complainant was called upon to produce evidence in the form of affidavit and documents. Accordingly the complainant  has chosen to produce her affidavit along with 2 document marked as Exts.A1&A2 .  The complainant was examined as PW1.   So the OP remain absent in this case.  At the end the Commission heard the case on merit.

    Let us have a clear glance at the relevant documents. The complainant had purchased the mobile phone on 7/2/2023 for her personal use.  The complainant also paid Rs.13,999/- to OP and that shows in the tax invoice and marked as Ext.A1.  In Ext.A2  is the service record issued by the service centre of OP dtd.15/5/2023 and the  inspection  remarks noted that “speaker not working, need to check with speaker.  Not under warranty and secondary sale”.  Moreover the service centre received the total charge  Rs.352.82/- from the complainant.  So it is clear that the mobile phone is in defective within the short time of purchase , the OP is liable to repair the defects with free of cost within the warranty period.  But the mobile phone having a secondary sale and no warranty  also.  The service centre also received Rs.352.82/- as the repair charge.  According to  the complainant  failure  to repair the mobile phone with free of cost within the warranty period the OP is directly bound to redressal the grievance caused to the complainant.  Therefore we hold that the OP is  liable to  refund  the  value of  mobile phone  Rs.13,999/-  to the complainant along with  Rs.4,000/- as compensation for mental agony caused to the complainant  and Rs.2000/- as litigation cost to the complainant.

            In the result, the complaint is allowed in part directing  the opposite party to refund  the  value of  mobile phone  Rs.13,999/-  to the complainant along with  Rs.4,000/- as compensation for mental agony caused to the complainant  and Rs.2000/- as litigation cost  within 30 days of receipt of this order.  In default, the amount of Rs.13,999/- carries interest@ 12% per annum  from the date of order till realization , failing which the   complainant is  at liberty to  execute  the  order as  per the  provisions  of Consumer Protection Act 2019.  After the proceedings the OP’s at liberty to take back the mobile phone from the complainant.

Exts:

A1- Tax invoice

A2- Service record.

PW1-Jeeshna .A -  complainant.

Sd/                                                         Sd/                                                     Sd/

PRESIDENT                                             MEMBER                                               MEMBER

Ravi Susha                                       Molykutty Mathew                                    Sajeesh K.P

eva           

                                                                        /Forwarded by Order/

                                                                   ASSISTANT REGISTRAR