By Sri. MOHANDASAN.K, PRESIDENT
1.The complaint in short is as follows: -
The complainant purchased a mobile phone REDMI NOTE 11 (6GB +64GB) through online from the first opposite party on 04/03/2022 for a total consideration of Rs. 14,449/- and the phone was delivered to the complainant on 06/03/2022. The opposite party issued a tax invoice dated 04/03/2022 and the mode of payment was EMI. Complainant purchased the mobile phone believing the assurance given by the opposite party through the advertisement. The complainant was being the craft worker, the main purpose of purchasing the phone was to record the video of his craft work and the same was for his livelihood.
2. When the complainant was started to use the mobile, he could see that the phone is lagging while recording the video. The complainant had to record the various videos as part of his craft works using the phone and his job was disturbed due to the lagging of phone. The complainant reported the defect of the mobile phone before the opposite parties on 08/03/2022. The complainant believed the assurance of the opposite party regarding the replacement of the phone within 10 days. The complainant approached the second opposite party at Calicut, the authorised service centre of first opposite party on 08/03/2022. The defect was not cured from there, but the phone was kept in custody of second opposite party from 09/03/2022 to 25/04/2022. Thereafter the complainant approached opposite parties many times and several communications were made, but his grievance was not redressed. There was no even proper reply from the opposite parties despite repeated representations from the side of complainant. Since the phone was kept in the custody of second opposite party, the craft work of the complainant was disrupted and he suffered irreparable losses and damages. The phone is having defect even now. It is not suitable for recording properly. At the time of purchasing, it was given assurance by the opposite parties that the phone is having good quality functioning. Now the complainant prays for the refund of the cost of Rs. 14,499/- with interest or replace the phone with similar description and warrantee, which should be free from any sort of defect. The complainant also prays for compensation of Rs. 25,000/- and also cost of the proceedings. On 25/04/2022 the complainant caused a lawyer notice to the opposite parties demanding replacement of the phone or refunding the purchase amount along with compensation. But there was no reply from the side of opposite parties. Hence the complainant approached this Commission for the redressal of the grievance.
3. On admission of the complaint notice were issued to both opposite parties and it was served on them. But none of the opposite parties turned up to the notice and no version filed. Hence the opposite parties called and set exparte. The complainant filed affidavit and documents. Documents marked as Ext.A1 to A5. Ext. A1 is Tax invoice dated 04/03/2022 .Ext. A2 is copy of lawyer notice dated 25/04/2022. Ext. A3 copy of service order dated 08/03/2022. Ext. A4 is also service order dated 14/03/2022, Ext. A5 is service order dated 25/03/2022. The opposite party being set exparte, there is no version or affidavit from the side the opposite parties and so the complaint stands proved through the proof affidavit and documents of the complainant. There is no contra evidence against the case of the complainant. Hence the case of the complainant stands proved and we allow this complaint as follows: -
- The opposite parties are directed to replace the mobile phone with defect free mobile phone of same specifications and warranty or to refund the cost of Rs. 14,499/- (Rupees Fourteen thousand four hundred and ninety nine only) with interest at the rate of 9% per annum from the date of purchase i.e., from 04/03/2022 to till payment.
- The opposite parties are also directed to pay Rs. 25,000/-(Rupees Twenty five thousand only) as compensation to complainant and also directed to pay cost of Rs. 5,000/- (Rupees Five thousand only)to complainant.
The opposite parties shall comply this order within one month from the date of receipt of this order failing which the entire amount will carry interest at the rate of 9% per annum from the date of this order till realisation.
Dated this 28th day of October, 2022.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A5
Ext. A1: Tax invoice dated 04/03/2022.
Ext. A2: Copy of lawyer notice dated 25/04/2022.
Ext. A3: Copy of service order dated 08/03/2022.
Ext. A4: Copy of Service order dated 14/3/2022,
Ext. A5: Copy of Service order dated 25/03/2022
Witness examined on the side of the opposite party :Nil
Documents marked on the side of the opposite party :Nil
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
