D.O.F:25/12/2022

                                                                                                       D.O.O:31/07/2023

IN THE CONSUMER DISPUTES  REDRESSAL COMMISSION, KASARAGOD

                                                   CC.313/2022            

Dated this, the 31^st day of July 2023

PRESENT:

SRI.KRISHNAN.K                          : PRESIDENT

SMT.BEENA.K.G                          : MEMBER

Muhammed Iyas P.A.

P.K. House Kattakkal, Kasaragod,

Kerala, 671317.                                                                   : Complainant

                                                            And

1. General Manager

Qdigi Services Limited-Essel centre Basement

Opp. Wine gate, M.G.Road, Kodiabail

Mangalore, Karnataka- 575003.

2. General Manager

One plus Exclusive Service Centre,

G-52, 53 Prozone Mall

S.F. No.201, Sathymani Road,

Siranandhapuram, Coimbatore,

Tamil Nadu – 641035.                                                     : Opposite Parties

ORDER

SRI.KRISHNAN.K  : PRESIDENT

          The case of the complainant is that he purchased a Mobile Phone, one plus 8T from Opposite party on 25/11/2020 for Rs. 48,000/-.  On 09/10/2022 a green line appeared on the display of the mobile phone, thereafter on 13/12/2022 again ten green lines appeared on the display of the said mobile phone.  Due to the brightness of the said green line complainant is a not in a position to view the display of the mobile phone and thereby use the mobile phone.  The complainant contacted the Opposite parties to cure the defects and they insisted the complainant to contact Opposite party No:1 at Mangalore to change the display at free of cost.  On 24/11/2022 complainant has gone to Opposite party No:1 at Mangalore to change the display but they are not ready to change the display.  Hence he returned. On 17/01/2023 the Opposite party No:2 directed the complainant to go to Coimbatore to change the display.  Hence the complainant as gone to Coimbatore and from there Opposite party  No:2 changed the display.  Due to the deficiency in service on the part of Opposite party No:1 the complainant was not in a position to use the Mobile phone for a period of four months.  Which caused severe mental agony and monitory loss to the complainant.  Therefore, the complainant is seeking a compensation of Rs. 20,000/- with cost from Opposite party No:1.

Notice of Opposite party no:1 and 2 served name called absent set exparte.

          The complainant filed proof affidavit in lieu of chief examination Ext A1 to A5 marked.  Ext A1 is the photo of the display of the Mobile Phone, Ext A2 to A4 are the photos of the display of the phone showing the vertical green line , Ext A5 is the updates of similar complaints.

The main question raised for consideration are

1. Whether there is any negligence of deficiency in service on the part of Opposite party No: 1?
2. Whether the complainant is entitled for relief?
3. If so what is the relief?

For convenience question No: 1to 3 can be discussed together

The grievance of the complainant is that he had not availed proper after sales service from Opposite party No:1 after purchase of a Mobile phone of Rs. 48,000/- . After two years of purchase a green line appeared on the display of the phone and the number of green lines increased thereafter,  there are ten green lines on the display of the phone due to the brightness of the green lines the complainant was not in a position to use the mobile phone.  When the complainant contacted Opposite parties they insisted him to contact the Opposite party No:1 at Manglore to change the display at free of cost.  When the complainant approached Opposite party No:1 they were not ready to change the display and hence he returned disappointed .  Due to the negligence on the part of Opposite party No:1 the complainant was unable to use the mobile phone for a period of four months.  Thereafter as per the direction of Opposite party No:2 the complainant has gone to Coimbatore and from there they changed the display.  The documents produced are perused there is a serious negligence and deficiency of service on the part of Opposite party No:1 as they refused to change the display of the mobile phone which is sold by them.  After sale service is a right of the customer which is denied in this case.  The refusal to change the display of the mobile phone by Opposite party No:1 caused severe mental agony and loss to the complainant.  Certainly the complainant is entitled for relief.  The complainant is seeking a compensation of Rs. 20,000/- with Rs. 5000/- for travelling expenses which is genuine demand considering the facts and circumstances of this case.  Opposite party No:1 is bound to compensate the loss and agony undergone by the complainant. 

          In the result complaint is allowed directing Opposite party No: 1to pay a compensation of Rs. 20,000/- (Rupees Twenty thousand only) along with a cost of Rs. 5000/- (Rupees Five thousand only) to the complainant within 30 days of the receipt of copy of this order.

     Sd/-                                                                                       Sd/-

MEMBER                                                                            PRESIDENT

Exhibits

A1– Photo of the display of the mobile phone.

A2 to A4 – Photos of the display of the phone showing the vertical line.

A5 – Updates of similar complaints.

Sd/-                                                                                                 Sd/-

MEMBER                                                                                      PRESIDENT

Forwarded by Order

                                                                      Assistant Registrar

Ps/