By Smt. PREETHI SIVARAMAN.C, MEMBER
1.Case of the complainant:-
On 11/04/2022 complainant ordered one Lenovo Motorola Tab G70 LTE through
Flipkart and on 14/04/2022 she received the item. She bought this Tab for her study with her own money through her hard work. But complainant could not use tablet for the first few days of purchase because of her final exam. After one week when she started to use the tab, she experienced some software issues. Then she called at the service centre of the company at Kozhikode and Ernakulum on 23/04/2022. Due to her exams and the distance of service centre from her house she could not go to the service centre directly. When the problem of the tablet increased she restarted and reset her tablet for using it. Then she lost all her documents related to her study on her tablet. On 22/05/2022, the tablet stopped working. It turned off and the charge was fully drained after 6 hours and it emitted high heat. On 23/05/2022 she went to the service centre Fortune service, Calicut and they suggested for complete software change. On that day they called the complainant and said that they upgraded the software. Due to health issues, complainant approached opposite party No2 only on 27/05/2022 and she realised that the tablet turned to fast boot mode and power button of the tablet was completely dead. For resolving that defect, the service centre gave another job sheet to complainant and suggested to tell the company for replacement of the tablet. On that day itself complainant called the company and requested for replacement of the tablet, but they hesitate to replace the tablet. Service centre completely replaced the inner key FPC and main board of one month old tablet. Within that period complainant sent so many emails to the company for replacement. Thereafter complainant registered a complaint on opposite party’s website and on consumer helpline. But nothing was done by opposite parties. Even after two services, the tablet shows software issues and it is getting more defective. Complainant is unable to continue her studies due to this defective tab. Hence this complaint. Complainant cannot concentrate on her studies due to the frequent issues in the tablet. Nearly 9 days, the tablet was at the service centre. Complainant cannot properly use the PrepLadder Learning app which she bought by paying Rs.10,690/-. There is manufacturing defect for the above tablet bought by complainant. She again stated that there is clear deficiency of service from the side of opposite parties which caused mental agony and hardship to complainant.
2. Prayer of the complainant is that, she is entitled to get a new defect free tablet or cost of the tablet and Rs.25,000/- for the deficiency in service from the side of opposite parties which caused mental agony and hardship to complainant.
3. 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.
4. In order to substantiate the case of the complainant, she filed an affidavit in lieu of Chief examination and the documents she submitted were marked as Ext. A1 to A8. Ext.A1 is the copy of tax invoice dated 11/04/2022, Ext.A2 is the copy of receipt given by opposite party No.2 to complainant after service dated 23/05/2022. Ext.A3 is the copy of Job sheet/customer information form given by second opposite party to complainant dated 27/05/2022, Ext.A4 are the copies of email communication between the complainant and opposite parties, Ext. A5 is the copy of complainant’s application for appearing CAT 2022 and the relevant page of date of exam, Ext. A6 is the copy the relevant page mentioned about the importers name &
address, Ext. A7 is the copy of payment details regarding the payment of Rs.10,690/- for Prep Ladder Learning app, Ext.A8 is the copy of CD.
5. Heard the complainant and perused the affidavit and documents filed by complainant. The allegations against opposite parties are proved by the unchallenged evidence of complainant. There is no contra evidence in this matter. Moreover complainant produced eight documents which are very supportive to prove her case. In her affidavit, she stated that she included Fortune service centre as second opposite party only because they serviced her tablet. She again stated that opposite party No.2 tried their maximum to settle the issue and also called the company for replacement of the tablet. She again stated that the behaviour of the opposite party No.2 towards complainant was very good. Hence she had no complaints against opposite party No.2, the service centre. After perusing the complaint, affidavit and documents, we are on the opinion that complainant’s tablet had manufacturing defects because it got damaged within few days after purchase. From the complaint it is clear that complainant is a student and she faced difficulties in her studies and examination due to the defective tablet. Moreover as per Ext A1, the above said tablet had one year warranty on tab device and 6 months on battery accessories. It is the duty of opposite party No.1 to repair the defective tablet free of cost or replace the tablet within the warranty period. Complainant had bought the tablet through Flipkart, opposite party No.3. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite party No.1 and 3 as alleged in the complaint. Hence we allow this complaint holding that opposite party No.1 and 3 are jointly and severally liable for the deficiency in service from their side.
6. We allow this complaint as follows:-
- The opposite party No.1 is directed to refund Rs. 22,999/- (Rupees Twenty two thousand nine hundred and ninety nine only) the cost of the Motorola Tab G70 LTE tablet to the complainant.
- The opposite party No.1 and 3 are directed to pay compensation of Rs. 25,000/- (Rupees Twenty five thousand only) to the complainant on account of deficiency in service on the part of opposite party No.1 and 3 and thereby caused mental agony, physical hardships and sufferings to the complainant.
- The opposite party No.1 and 3 are also directed to pay Rs. 2000/- (Rupees Two 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 party No.1 and 3 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 12th day of December, 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.A1 to A8
Ext.A1 : Copy of tax invoice dated 11/04/2022.
Ext.A2 : Copy of receipt given by opposite party No.2 to complainant after service
dated 23/05/2022.
Ext.A3 : Copy of Job sheet/customer information form given by second opposite
party to complainant dated 27/05/2022.
Ext.A4 : Copies of email communication between the complainant and opposite
parties.
Ext. A5: Copy of complainant’s application for appearing CAT 2022 and the relevant
page of date of exam.
Ext. A6: Copy the relevant page mentioned about the importer’s name & address .
Ext.A7: Copy of payment details regarding the payment of Rs.10,690/- for
PrepLadder Learning app.
Ext.A8 : Copy of CD.
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
