ORDER

01.10.2024

SH. RAJESH, MEMBER

1. Present complaint has been filed by complainant seeking direction against OPs to refund price of defective tablet with interest, cost and compensation.  
2. It is stated in the complaint of complainant that on 09.05.2016 the complainant placed an order for Tablet to OP3 vide order No. 992958551 for a sum of Rs. 6,598/-. On 10.05.2016 said order was delivered to complainant and the complainant paid Rs. 6,598/- in cash to Delivery boy.
3. It is stated by the complainant that the product supplied had many defects like keyboard (Capital Font) battery and clear camera were not functioning properly. It is alleged that the product supplied was defective one having manufacturing defects from the day one of its purchase.
4. It is stated that the product being under warranty period the complainant contacted the seller on 12.05.2016 and brought the defects to his notice. The seller had given the address of the OP1 and OP4. It is stated that the service centres kept the tablet for repair for more than six months but the defects couldn’t be removed.
5. It is stated that the complainant was forced to contract the seller time and again besides he had to visit the aforesaid service centre many times and he wasted a lot of time and energy in the process. The service provided was very poor and pathetic. The defects were not rectified till date and the table is lying unused. Standby table was not given for use though it was kept for repair / rectification for more than six months.
6. It is stated therefore the complainant has approached this Commission for redressal of his grievances.
7. Notice was issued to OPs. Despite due service OP1, OP2 and OP4 neither appeared nor filed their respective written statement. Therefore on 01.05.2017 OP1 and OP2 were ordered to be proceeded ex parte. On 07.03.2023 OP4 was ordered to be proceeded ex parte. OP3 filed its detailed written statement however despite sufficient opportunity OP3 failed to file Evidence. Therefore on 07.03.2023 OP4 was ordered to be proceeded ex parte as such the written statement filed by OP3 is taken off the record.       
8. Complainant has led his evidence by way of affidavit reiterating the allegations made in the complaint and relied upon delivery challan dated 09.05.2016 Exb CW1/1, service job sheet dated 22.06.2016 Exb CW1/2 , service job sheet dated14.07.2016 Exb. CW1/3, service job sheet dated 23.08.2016 Exb CW1/4, service job sheet dated 30.09.2016 Exb. CW1/5.
9. We have carefully perused the record and heard Complainant. The main issue which emerges from pleadings for our consideration is whether OPs are liable for deficiency in services and whether they have failed to remove defects in the Tab purchased by complainant.
10. The grievance of the complainant is that he purchased a new Tab but from day one of its purchase the said Tab is not functioning properly.
11. Complainant has categorically stated in his complainant that he visited the service centres OP1 and OP2 to get the newly purchased Tab repaired but couldn’t succeed.
12. Perusal of the record shows that complainant visited OP1 service Centre on 22.06.2016 and 14.07.2016, and OP1 on 23.08.2016 and 30.09.2016 in order to get the defect removed in the newly purchased subject Tab but service centres failed to remove the defects and make the Tab functional.
13. Since OPs are ex parte in the present case, therefore, there is no rebuttal of the evidence of the complainant. Hence in our view the complainant has proved that he was sold a defective Tab and no after sale services was provided to him.
14. In view of above discussions and observation we hold OP2 the manufacturer of subject Tab liable for deficiency in services as defined under Consumer Protection Act, 1986, therefore, present complaint is allowed and we direct the OP2 to pay a sum of Rs. 6,598/-on account of price of the Tab with interest @ 6% per annum from the date of filing of the present complaint till the date of passing of this order. We also direct OP2 to pay a sum of Rs. 5,500/- on account of compensation for mental agony and harassment suffered by complainant which will include cost of litigation as well. The above amount shall be paid within 45 days of passing of this order failing which OP2 shall be liable to pay interest @9% per annum on the above amount.       
15. Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving the application from the parties in the registry.

Order be uploaded on www.confonet.nic.in.

File be consigned to Record Room.

Announced in open Commission on 01.10.2024.

(SANJAY KUMAR)               (NIPUR CHANDNA)            (RAJESH)

PRESIDENT                        MEMBER                           MEMBER