By: Smt. Preethi Sivaraman C, Member
As per the TV advertisement, complainant had ordered one Smart watch mobile worth Rs.999/- through Naaptol online site. One auto driver delivered the item to the complainant and he received the above item after paying Rs.1100/-on 28-11-2018. Complainant put a sim card inside it, but it was not working and while using the phone battery inside the smart watch phone easily go down. Moreover complainant had enquired about the phone price etc, and he realized that the above phone cost is only Rs.300/-. Moreover complainant had informed about the defect to opposite party many times through phone, but opposite party was not ready to repair it. Hence this complaint.
Notice sent from this Forum through speed post to opposite party and notice served to opposite party and he did not turn up. Hence opposite party was set exparte.
Complainant filed affidavit in support of evidence of his case and the only document he produced and that was marked as Ext. A1. Ext. A1 is the order details and tax invoice attached with the cover sent by opposite party . It is proved through Ext.A1 document that complainant paid Rs.1100/- to opposite party as the price of smart watch phone through cash on delivery.
The allegation against opposite party is proved by the unchallenged evidence of complainant. Hence we allow this complaint holding that opposite party is deficient in service.
Therefore we direct the opposite party to pay Rs. 1100/- (One thousand hundred rupees only) as the cost of the Smart watch mobile, Rs. 1000/- (Thousand rupees only) for mental agony and hardships suffered by the act of the opposite party and Rs.1000/- (Thousand rupees only) for the deficiency in service of opposite party and financial loss sustained to complainant and Rs..1000/-(Thousand rupees only) as cost . The order shall be complied within one month from the date of receipt of copy of this order
If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite party is liable to pay the interest @12% per annum from the date of receipt of the copy of this order till realization .
Dated this 31st day of October, 2019.
A.A.VIJAYAN,
PRESIDENT
PREETHI SIVARAMAN . C,
MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext. A1
Ext.A1 : Online order details and tax invoice attached with the cover sent by opposite party.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
A.A.VIJAYAN,
PRESIDENT
PREETHI SIVARAMAN . C,
MEMBER
