Kerala

Thiruvananthapuram

CC/213/2022

Mini krishnan - Complainant(s)

Versus

Anuj Sharma - Opp.Party(s)

30 Dec 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION THIRUVANANTHAPURAM

PRESENT

  SRI.P.V.JAYARAJAN        : PRESIDENT

                                SMT.PREETHA.G.NAIR    : MEMBER

    SRI.VIJU.V.R                   : MEMBER

 

CC.NO.213/2022 (Filed on : 30/05/2022)

ORDER DATED : 30/12/2022

COMPLAINANT

Mini Krishnan,

Nila, Perukav.P.O

Pin – 695 573

Trivandrum

(Party in person)

VS

OPPOSITE PARTY

 

Anuj Sharma (Country Director POCO India)

Xiaomi Technologies India Pvt Ltd,

Ground Floor AKR Infinitiy,

Kudla Gate, Krishna Reddy Industrial Area,

Bangalore - 560068

(Exparte)

ORDER

 

SMT.PREETHA.G.NAIR  :MEMBER

 

1.       The complainant had purchased a Poco X3 PRO mobile phone from opposite party for an amount of Rs.17,999/- (Rupees seventeen thousand nine hundred and ninety nine only). But the phone stopped functioning on 22/05/2022. The complainant had approached the service centre and they told that it was due to software upgradation. Further complainant stated that the phone stopped functioning due to their fault in software and it is not a fault of her. The phone was stopped functioning within one year and one month. Then the complainant requested the opposite party to refund the price of mobile phone or issue a new phone having the same price and specifications. The act of opposite party amounts to deficiency in service, hence this complaint.

2.       After accepting the notice the opposite party was absent and hence opposite party was set exparte. Complainant filed proof affidavit and documents Exts.P1 to P4 marked.

3.       Issues to be considered as :-

1. Whether there is any deficiency in service on the part of the opposite party?

2. If so what is the relief and cost?

4.       Issues

We perused relevant documents on record. Ext.P1 is the copy of purchase bill shows that the complainant paid Rs.17,999/- (Rupees seventeen thousand nine hundred and ninety nine only) on 08/04/2021 for purchasing the mobile phone. Ext.P2 is the copy of mail sent by the complainant requesting the opposite party to solve the problem of mobile phone. Ext.P3 is the copy of service record issued by the service centre which shows that “device now dead as per customer voice device suddenly wendead, checked with software but same issue need to replace main board. TP and Back Panel SCRATCHED”. Ext.P4 is the tax invoice shows that the complainant paid Rs.118/- as the inspection charges to the service centre. In the proof affidavit complainant stated that the service centre had given a new phone instead of the old phone and the new phone had no specifications as that of old phone. So the complainant claimed Rs.50,000/- (Rupees fifty thousand only) as compensation for mental agony. The opposite party had not produced any evidence to disprove the case of the complainant .

             In the result, complaint is allowed. We direct the opposite party to pay Rs.5000/- (Rupees five thousand only) as compensation for mental agony and pay Rs.2000/- (Rupees two thousand only) as cost of the proceedings to the complainant within one month from the date of receipt of order, failing which the amount except cost shall carry an interest at the rate of 9% per annum from the date of order till the date of realization / remittance. 

               A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

   Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Commission, this the 30^th day of December 2022.

                                                                                               Sd/-

   P.V.JAYARAJAN          : PRESIDENT

                                                                                     

                                                                                       Sd/-

  PREETHA .G.NAIR: MEMBER

 

                                                                                          Sd/-

VIJU.V.R     : MEMBER

 

 

 

 

 

Be/

APPENDIX

CC.NO.213/2022

List of witness of the complainant

PW1                      - Mini Krishnan

 

Exhibits for the complainant

 

Ext.P1                   - Copy of purchase bill

Ext.P2                   - copy of mail sent by the complainant

Ext.P3                   - copy of service record

Ext.P4                   - copy of tax invoice

List of witness for the opposite party – NIL

List of Exhibits for the opposite party - NIL

Court Exhibits                                   - NIL

 

 

                                                                                                   Sd/-

                                                                                          PRESIDENT