By Sri. MOHANDASAN.K, PRESIDENT
1.Complaint in short is as follows: -
The complainant has got one mobile phone, one Plus 7T (8GB/256GB) worth Rs. 37,999/-. The mobile phone fell down on 26/11/2021 and as a result the display was affected. The complainant immediately contacted the service centre of One Plus at Tirur and they directed to produce the mobile phone and also to remit half of the amount of expense and then the complainant can take back the mobile phone by 3 O’ clock evening. Accordingly, the complainant transferred an amount of Rs. 7,000/- from the account of his father to the account of the opposite party. The complainant entrusted the mobile phone to the opposite party on the next day morning itself. Thereafter the complainant contacted the opposite party duly but it was not ready as assured. Thereafter several times the complainant contacted the opposite party for the rectified mobile phone. Complainant paid an amount of Rs. 6,600/- thereafter Rs. 3,000/-. Subsequently it was found that the mobile phone caused several defects from the hands of the opposite party and also demanded huge amount for the repair on various heads. The complainant was dragged to the opposite party several times, but there was no result at all. The opposite party did not delivered the rectified mobile phone or not refund the amount received from the complainant. The complainant compelled to purchase a new mobile phone worth Rs. 28,000/- for his use. The complainant submits that he is a doctor and the mobile phone was presented by his wife and so was very precious to him. The complainant alleges deficiency in service and unfair trade practice on the part of the opposite party. The prayer of the complainant is to refund an amount of Rs. 37,999/-, the cost of the mobile phone and also to pay compensation of Rs. 50,000/- on account of financial loss and mental agony sustained to the complainant. Complainant prays further amount of Rs. 50,000/-on account of deficiency in service on the part of the opposite party.
2. On admission of the complaint notice was issued to the opposite party but despite receipt of notice, no version is seen filed by the opposite party and also no affidavit or documents is filed by the opposite party. Hence the opposite party set exparte.
3. The complainant filed affidavit and documents in lieu of evidence. The documents on the side of complainant marked as Ext. A1 to A4. Ext. A1 is copy of printout to show the transaction of Rs. 7,000/- to the account of opposite party from the account of father of complainant. Ext. A2 is printout of payment for Rs. 6,600/- in favour of the opposite party from the HDFC Credit card. Ext. A3 is receipt issued by the opposite party to the complainant dated 30/11/2021. Ext. A4 is copy of printout from the credit card statement of the complainant (3 pages). In the absence of contra evidence, the case of complainant stands proved through the affidavit and documents. Hence considering the affidavit and documents, we allow the complaint as follows:-
The opposite party is directed to pay Rs. 37,999/- (Rupees Thirty seven thousand nine hundred and ninety nine only) to the complainant as cost of the mobile phone.
The opposite party is directed to pay Rs. 25,000/-(Rupees Twenty five thousand only) on account of deficiency in service on the part of the opposite party and thereby caused inconvenience and hardship and mental agony caused to the complainant.
The opposite party is also directed to pay Rs. 10,000/-(Rupees Ten thousand only) as cost of the proceedings.
The opposite party shall comply this order within one month from the date of receipt of copy of this order, failing which the complainant is entitled to pay interest @ 12 % per annum for the above said entire amount from date of complaint to till the date of payment.
Dated this 7thday of February, 2023.
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 A4
Ext.A1:Copy of printout to show the transaction of Rs. 7,000/- to the account of
opposite party from the account of father of complainant.
Ext.A2:Printout of payment for Rs. 6,600/- in favour of the opposite party from the
HDFC Credit card.
Ext A3:Receipt issued by the opposite party to the complainant dated 30/11/2021.
Ext A4:Copy of printout from the credit card statement of the complainant (3 pages).
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
