Kerala

Thiruvananthapuram

CC/19/436

Prasanna kumar K - Complainant(s)

Versus

Drean moblie TD - 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.436/2019 (Filed on :02.12.2019)

ORDER DATED : 30.06.2022

 

COMPLAINANT

          Prasanna kumar.K

          Chackalayil, KGRA/E3,

          Kairali Garden,

          Kudungannoor.P.O

          Thiruvananthapuram

          (Party in person)

VS

OPPOSITE PARTY

 

          M/s.Drean Mobile TDM,

          TC 20/30 (27), Kairali Plazw,

          Behind HDFC Bank, Karamana.P.O

          Thiruvananthapuram – 695002

          (Exparte)

                                                ORDER

SRI.P.V.JAYARAJAN      : PRESIDENT

1. This complaint is filed under section 12 of Consumer Protection Act 1986 and stood over to this date for consideration and this Commission passed the following order.

2. The case of the complainant is that the complainant handed over the Lenovo A.6010 mobile phone to the opposite party on 16.10.2019 for service. The opposite party issued a service order form to the complainant on that date. The opposite party has promised to give back the mobile phone after 10 days. Accordingly the complainant enquired with the opposite party after 10 days. The opposite party sought some more time for servicing the phone. Inspite of repeated reminders and requests made by the complainant, the opposite party has not handed over the mobile phone after servicing. At last on 02.12.2019, the opposite party demanded Rs.4000/- for replacing the mother board. Accordingly the complainant paid Rs.4000/- on 02.02.2019 and an invoice was issued by the opposite party in favour of the complainant. Subsequently the complainant submitted that during the pendency of this complaint the opposite party handed over the mobile phone to the complainant without rectifying the defects but the opposite party not refunded Rs.4000/- paid by the complainant. Hence alleging deficiency in service and unfair trade practice on the part of the opposite party the complainant approached this Commission for redressing his grievances.

          3.       After admitting the complaint, notice was issued to the opposite party. Though the opposite party accepted the notice, the opposite party failed to appear before this Commission on the date fixed for opposite party’s appearance. Hence this Commission on 14.01.2020 declared the opposite party as exparte.

4.       The evidence in this case consists of PW1 and Exts.P1 and P2. The opposite party being declared exparte, there is no oral or documentary evidence from the side of the opposite party.

The issues to be considered in this case

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

              4. Heard. Perused records. To substantiate the case of the complainant, the complainant himself sworn an affidavit as PW1 and Exts.P1 and P2 produced and marked. Ext.P1 is the service order form issued by the opposite party to the complainant. Ext.P2 is the copy of invoice dated 02.12.2019 for Rs.4000/- issued by the opposite party to the complainant for replacing the mother board. The opposite party not entered appearance or adduced any oral or documentary evidence to disprove the case put forward by the complainant against the opposite party. Hence the evidence adduced by the complainant stands unchallenged. As there is no contra evidence from the side of the opposite party to discredit the evidence adduced by the complainant, we are accepting the evidence adduced by the complainant. By swearing an affidavit as PW1 and marking the documents Exts.P1 & P2, we find that the complainant has succeeded in establishing his case putforward against the opposite party.  In the above circumstances, we find that this is a fit case to be allowed.

                 In the result, the complaint is partly allowed. The opposite party is hereby directed to pay Rs.4000/- with 6% interest from 02.12.2019 to the complainant along with Rs.5000/- as compensation and Rs.2500/- being the cost of this proceedings 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 remittance / realization.            

            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.436/2019

List of witness for the complainant

PW1                      - Prasanna kumar.K

Exhibits for the complainant

Ext.P1                   - Service order form issued by the opposite party to the

   Complainant

Ext.P2                   - Invoice dated 02.12.2019 for Rs.4000/- issued by the           

                               Opposite party to the complainant

List of witness for the opposite party          - NIL

List of Exhibits for the opposite party         - NIL

Court Exhibits                                            - NIL

 

 

 

 

                                                                                          Sd/-

                                                                                   PRESIDENT