D.O.F : 25/01/2024
D.O.O : 07/11/2024
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
CC 26/2024
Dated this, the 07th day of November 2024
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SMT.BEENA.K.G : MEMBER
Siddique Kadappuram
S/o Muhammed Kadappuram
Maimoona Manzil
Nanki, P O Mogral
Kasaragod – 671321. : Complainant
And
Care Solution
KGP – 23/1183
Kumbla Grama Panchayath
Heeper Complex
P O Kumbla. : Opposite Party
ORDER
SMT.BEENA.K.G : MEMBER
The complainant purchased an INFINIX Note 12 Pro 5G mobile phone from Phone Zone Kumbala on 30/11/2022. The software of the said phone is updated and due to overheat, display damaged on 22/11/2023. The complainant approached the opposite party, who is the service center sponsored by the supplier of the phone to cure the defects of the phone. But the opposite party was not ready to repair the phone purchased from them. Due to the deficiency in service on the part of opposite parties the complainant had undergone monitory loss and untold miseries. Therefore the complainant is seeking direction against opposite party either to cure the defects of the phone or to refund the price of the mobile phone.
The notice of opposite party returned unclaimed. Name called absent, set exparte.
The complainant field proof affidavit in lieu of chief examination and documents Ext. A1 to A2 marked. Ext. A1 is the invoice issued by opposite party, and Ext. A2 is the warranty details.
The main questions raised for consideration are;
- Whether the complainant is a consumer?
- Whether there is any deficiency in service on the part of opposite party in not curing the defects of the phone?
- If so, what is the relief?
Issue No. 1: The complainant purchased INFINIX Note 12 Pro 5G 357635710899180 from opposite party on 30/11/2022 as per Ext. A1. The complainant purchased the said mobile phone by paying its price. Hence he is a consumer as per Consumer Protection Act 2019. While discussing about the deficiency in service on the part of opposite party, the above said phone is entrusted to opposite party on 22/11/2023, during warranty period. The aforesaid service center is sponsored by the seller of the phone. Yet they rejected to repair the phone amounts to deficiency in service and unfair trade practice. Rejection to repair the phone by opposite party caused monitory loss and severe mental agony to the complainant. The opposite party is bound to repair and return the phone in a defect free condition.
The prayer of the complainant is either to repair the phone in a good condition or to refund the price of the mobile.
Considering the circumstances of this case, we hold that opposite party has to repair the phone and return it in a good condition. The complainant is also entitled for the cost of litigation.
Therefore the complaint is allowed directing opposite party to repair and return the phone in a good condition with a cost of Rs. 3,000/- (Rupees Three thousand only) to the complainant within 30 days from the date of receipt of copy of this order.
Sd/- Sd/-
MEMBER PRESIDENT
Exhibits
A1 – Invoice
A2 – Warranty details
Sd/- Sd/-
MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
JJ/
