By Smt. PREETHI SIVARAMAN.C, MEMBER
1. Case of the complainant:-
Complainant is an employee in KAPS Motors private limited at Manjeri branch.On 13/02/2021 complainant had purchased One Plus 8T Lunar Silver 8+128 GBKB2001 (IN-S) with a model No KB2001 for an amount of Rs. 43,563/- from oppositeparty No.1 shop at Manjeri. She was purchased the above the One Plus 8T at an EMI of 2389 X 12 with a down payment of Rs.16,380/-. When purchasing the One Plus 8T, they assured one year warranty starting from the year 2021. Complainant purchased the One Plus 8T for doing her job in short span of time and thereby saving her time and with much ease even at her house or anywhere at any time.
2. But after three months of its use, in the month of May 2021 the One Plus 8T started showing complaints with its camera. The Photos taken had no clarity and was blurred and the same was noted and intimated by the complainant to the image mobiles and computers, opposite party No.1 . Due to the continuous mal functioning of One Plus 8T, in the month of August 2021 complainant had sent that electronic device to the Ernakulum service centre and a complaint was recorded by the service centre at Ernakulum Branch. After checking, they admitted that the complaint as to the camera and requested the complainant to register the complaint in App and they assured that the authorised person will come and collect the One Plus 8T and they will rectify the defects. Complainant had suffered a lot financially and mentally due to the malfunctioning of One Plus 8T.
3. Again the One Plus 8T got dyfunct and on 05/01/2022 she gave the device to the One plus Service centre at Calicut for resolving the problem with respect to the camera and they also admitted the defect and they replaced and returned the device to complainant after one month. But after servicing complainant faced additional problem of heat emission together with the camera issue and the defects still exist. Since the warranty period of the device was about to be expired on 13/02/2022, complainant extended the warranty period for one more year by purchasing the Extended Warranty Protection Plan service for an amount of Rs.999/-.
4. Again complainant intimated the present issue with regard to the replaced One Plus 8T to the opposite parties. But opposite parties not responded for the communication yet. The device showed the very same complaints again and again. The problem with the device is not cured and the camera is not properly functioning and the captured picture is blurred. So complainant faced mental agony and hardship financially as well as at her work place. It is a clear deficiency of service and unfair trade practice from the side of opposite parties. Hence this complaint.
5. The prayer of the complainant is that , she is entitled to get the cost of One Plus 8T Rs. 43,563/- along with interest till the date of realisation of amount , Rs. 2,00,000/- as compensation for the mental agony and hard ship suffered by the complainant due to the deficiency of service from the side of opposite parties, Rs. 50,000/- as the travelling expense to various service centres by complainant and Rs. 999/- which complainant spent towards purchasing the Extended Warranty Protection Plan Service.
6. On admission of the complaint notice was issued to the opposite parties and notice served on them and they did not turn up. Hence opposite parties set exparte.
7. In order to substantiate the case of the complainant, she filed an affidavit in lieu of Chief examination and the documents she produced were marked as Ext. A1 to A3. Ext.A1 is the photocopy of the sales invoice given to complainant by opposite party No.1 dated 13/02/2021, Ext.A2 is the computer printout regarding the one year Extended Warranty Protection Plan, Ext.A3 is the copy of service record given by opposite party No.2 to complainant.
8. The allegations against opposite parties are proved by the unchallenged evidence of complainant. There is no contra evidence in this matter. Moreover complainant produced three documents which are very supportive to prove her case. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite parties as alleged in the complaint. Hence we allow this complaint holding that opposite parties are deficient in service.
9. We allow this complaint as follows:-
- The opposite parties are directed to refund Rs.43,563/-(Rupees Forty three thousand five hundred and sixty three only) the cost of the One Plus 8T to the complainant.
- The opposite parties are directed to refund Rs.999/-(Rupees Nine hundred and ninety nine only) to complainant, the amount spent by complainant for Extended Warranty Protection Plan.
- The opposite parties are also directed to pay compensation of Rs.15,000/-(Rupees Fifteen thousand only) to the complainant on account of deficiency in service on the part of opposite parties and thereby caused mental agony, physical hardships and sufferings to the complainant.
- The opposite parties are also directed to pay Rs.3000/-(Rupees Three thousand only) as cost of the proceedings.
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 parties are liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
Dated this 31st day of August, 2022.
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 A3
Ext.A1 : Photocopy of the sales invoice given to complainant by opposite party No.1
dated 13/02/2021,
Ext.A2 : Computer printout regarding the one year Extended Warranty Protection
plan.
Ext A3 : Copy of service record given by opposite party No.2 to complainant .
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
