Kerala

Thiruvananthapuram

CC/20/2021

Tharun K Namboodiri - Complainant(s)

Versus

CEO,Xiaomi Technology - Opp.Party(s)

30 Jun 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

 

PRESENT

           SRI.P.V.JAYARAJAN            : PRESIDENT

        SMT.PREETHA G NAIR        : MEMBER

        SRI.VIJU.V.R                         : MEMBER

CC.NO.20/2021 (Filed on : 19/01/2021)

ORDER DATED : 30/06/2022

COMPLAINANT

Tharun K V Namboodiri,

Devikripa, Near Chamundeswari temple,

Pallippuram.P.O

Thiruvananthapuram – 695316

(Party in person)

VS

OPPOSITE PARTY

 Manu Jain (CEO, Xiaomi India)

Xiaomi Technology India Private Ltd,

8^th Floor, Tower 1,

Umiya Business Bay Marathashallil-Sarjapur,

 Outer Ring Road, Bangalore – 560 103

Karnataka, India

Main Office: 1-800-103-6286

(Exparte)

ORDER

SRI.P.V.JAYARAJAN                  : PRESIDENT

 

1. This complaint is filed under section 35 of Consumer Protection Act 2019 and stood over to this date for consideration and this Commission passed the following order.

2.  This is a complaint filed by the complainant against the opposite party alleging deficiency in service on the part of the opposite party. After admitting the compliant, notice was issued to the opposite party. After accepting the notice, the opposite party failed to appear before this commission and hence on 09/03/2021, the opposite party was declared exparte.

3.  The case of the complainant in short is that on 04/11/2019 the complainant purchased an Android phone Mi A3 (6GB/128GB) from Universell Mobile, Kazhakkuttom, Thiruvananthapuram. The complainant has paid Rs.16,646/- (Rupees sixteen thousand six hundred and forty six only) for the said product. The complainant’s case is that after using the phone for a short period, he got a software update from xiomi for his phone and the complainant installed the said software and immediately the complainant’s phone became dead. The complainant took the mobile phone to the Mi Service Center and they informed the complainant that it was a software issue and need to replace the phone’s motherboard. The service center replaced motherboard free of cost since the complainant’s phone was in the warranty period. Again after using the phone for a while, the complainant got yet another software update from xiomi and accordingly the complainant installed the same on his phone. It is learned that all the Mi A3 mobile users had the same trouble as xiomi pushed out a wrong update to the customers. Then again the complainant was forced to repair his phone from the concerned service center on 1^st June 2021, the complainant got another software update from xiomi and on installation of the same immediately the complainant’s phone went dead. Again for the 3^rd occasion the complainant went to the service centre and they informed that xiomi is will researching the issues and the complainant need to submit his phone at the service center and once they get update from xiomi on this, they will let the complainant know about  the same. But the complainant refused to hand over the mobile set to the service centre as his phone was having data including photos and videos which the complainant cannot risk to be left at service center. Moreover the complainant has not having any other phone to use. Alleging deficiency in service on the part of the opposite party, the complainant approached this commission for redressing his grievances.

4.       The evidence in this case consists of PW1 and Exts.P1 to P9 from the side of the complainant. The opposite party being declared exparte, there is no affidavit or documentary evidence from the side of the opposite party.

5.       Points to be considered

1. Whether there is any deficiency in service and unfair trade practice on the part of the opposite party?
2. Whether the complainant is entitled for the relief claimed in the complaint.
3. Order as to cost.

6.   Heard. Perused records, affidavit and documents. To substantiate the case of the complainant, the complainant himself sworn an affidavit as PW1 and Exts.P1 to P9 were produced and marked. Ext.P1 is copy of bill from Universell Mobile. Ext.P2 is the copy of service record. Ext.P3 is the user survey answers. Ext.P4 is the copy of mi phone specifications. Ext.P5 is the copy of the androids 11 software update issue as published on different android websites. Ext.P6 is the copy of details of complaint. Ext.P7 is the copy of acknowledgement receipt of police petition. Ext.P8 is the copy of identity card. Ext.P9 is the copy of rental agreement. The opposite party being declared exparte, there is no contra evidence to discredit the evidence adduced by the complainant. Hence the evidence adduced by the complainant stands unchallenged. In the absence of any contra evidence from the side of the opposite party, we accept the evidence adduced by the complainant. By swearing an affidavit as PW1 and marking Exts.P1 to P9 documents, we find that the complainant has succeeded in establishing his case against the opposite party. Hence we find that there is deficiency in service on the part of the opposite party. From the evidence available before this commission, we find that the complainant has suffered mental agony and financial loss due to the deficiency in service on the part of the opposite party. As the mental agony and financial loss to the complainant was caused due to the deficiency in service on the part the opposite party, the opposite party is liable to compensate the complainant for the loss sustained by the complainant. In view of the above discussions, we find that this is a fit case is to be allowed in favour of the complainant.

              In the result, complaint is allowed. The opposite party is directed to pay a sum of Rs.25,000/-(Rupees twenty five thousand only) as compensation along with Rs.2500/- (Rupees two thousand and five hundred only) being the cost of this proceedings to the complainant within 30 days from the date of receipt of this 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 June 2022.

                                                                              Sd/-

P.V.JAYARAJAN    : PRESIDENT

                                                                                        Sd/-

        PREETHA G NAIR      : MEMBER

                                                                                          Sd/-

                          VIJU.V.R        : MEMBER

 

 

 

 

 

 

 

 

 

 

 

 

 

Be/

 

 

 

APPENDIX

CC.NO.20/2021

List of witness for the complainant

PW1                      - Tharun K V Namboodiri

Exhibits for the complainant

Ext.P1                   -Copy of bill from Universell Mobile.

Ext.P2                   -Copy of service record.

 Ext.P3                  -Copy of the user survey answers.

Ext.P4                   -Copy of mi phone specifications.

Ext.P5                   -copy of the androids 11 software update issue as published on different android websites.

Ext.P6                   -Copy  of details of complaint.

Ext.P7                   -Copy of acknowledgement receipt of police petition.

Ext.P8                   -copy of identity card.

Ext.P9                   - Copy of rental agreement.

List of witness for the opposite party – NIL

List of Exhibits for the opposite party – NIL

Court Exhibits                                   - NIL

 

 

                                                                                    Sd/-

                                                                                       PRESIDENT