BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT

SRI.  P.V. JAYARAJAN                              : PRESIDENT

SMT. PREETHA G. NAIR                           : MEMBER

SRI. VIJU  V.R.                                             : MEMBER

C.C.No. 148/2021  Filed on 17/04/2021

ORDER DATED: 17/05/2022

ORDER

SRI.P.V. JAYARAJAN, PRESIDENT: 

This is a complaint filed under section 35 of Consumer Protection Act 2019 and the matter stood over to this date for consideration.After hearing the matter the commission passed an order as follows:

1. This is a complaint filed by the complainant alleging deficiency in service on the part of the opposite parties in connection with the purchase of a mobile phone by the complainant from the 2^nd opposite party.  The complainant’s case is that on 26/06/2020 he has purchased a Samsung A-9 model mobile phone from the 2^nd opposite party by paying an amount of Rs. 28,000/- the said product is having one year warranty.  Within one year from the date of purchase of the mobile phone i.e., on 29/03/2021 the mobile phone had some complaint and when the complainant approached the 2^nd opposite party he directed the complainant to approach the 1^st opposite party service centre.  Immediately the complainant went to the service centre of 1^st opposite party and 1^st opposite party demanded Rs.8,000/- for rectifying the defect.  The complainant being a coolie worker purchased the above said mobile phone by his hard earned money and according to the complainant the 1^st opposite party could not claim Rs.8,000/- from the complainant during the warranty period.  The complainant filed this complaint before this Commission alleging deficiency in service and unfair trade practice on the part of the opposite parties for redressing his grievances.   
2. After admitting the complaint, notice was issued to the opposite parties.  The notice issued to the 1^st opposite party was returned with endorsement unclaimed.  As the 1^st opposite party not claimed the notice issued from this Commission the process of notice is complete.  The notice issued to the 2^nd opposite party was accepted by the 2^nd opposite party.  The 2^nd opposite party after accepting the notice, failed to appear before this Commission on the date fixed for his appearance.  Hence 1^st and 2^nd opposite parties were called absent and set ex parte on 16/12/2021.  
3. Evidence in this case consists of PW1 and Ext.P1 on the side of the complainant.  The 1^st and 2^nd opposite parties being declared ex parte, there is no oral or documentary evidence on the side of the opposite parties.    

4. Issues to be considered:

1. Whether there is any deficiency in service and unfair trade practice on the part of the Opposite Parties?
2. Whether the complainant is entitle to the relief claimed in the complaint?
3. Order as to cost?

5. Heard.  Perused records. To substantiate the case put forward by the complainant, the complainant himself sworn an affidavit as PW1 and Exts.P1 document is produced and marked.  As there is no contra evidence from the side of the opposite parties, the evidence adduced by the complainant stands unchallenged.  In the absence of any contra evidence on the side of the opposite parties to rebut the evidence adduced by the complainant, we are accepting the evidence adduced by the complainant.  By swearing an affidavit as PW1 and marking Ext.P1 document, we find that the complainant has succeeded in establishing his case against the opposite parties.  In the above circumstances we find that this is a fit case to be allowed in favour of the complainant.    

                             6. In the result the complaint is partly allowed.  The opposite parties 1 and 2 are jointly and severally directed to refund an amount of Rs.28,000/- (Rupees Twenty Eight Thousand Only) with 6% interest from 26/06/2020 to the complainant along with Rs.10,000/- (Rupees Ten Thousand Only) as compensation and Rs. 2,500/- (Rupees Two Thousand Five Hundred Only) being the cost of this proceedings to the complainant within 30 days from the date of receipt of this order, failing which the amount except cost shall carry an interest @ 9% p.a from the date of order till the date of realization/remittance.  After complying the order of this Commission the opposite parties are entitled to get back the mobile phone from the complainant by issuing a proper receipt.    

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Court, this the 17^th  day of May,  2022.

C.C. No. 148/2021

APPENDIX

1. COMPLAINANT’S WITNESS:

2. COMPLAINANT’S DOCUMENTS:

3. OPPOSITE PARTY’S WITNESS:

4. OPPOSITE PARTY’S DOCUMENTS:    NIL

                                                                                                                                    Sd/-

                                                                                                                               PRESIDENT