DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,KOZHIKODE

PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB: PRESIDENT

Smt. PRIYA.S, BAL, LLB, MBA (HRM) :  MEMBER

Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER

Friday 29^th  day of December 2023

CC.167/2021

Complainant

                    Muraleedharan. K,

KanayamKunnummal (HO),

Aduvad, Mavoor (PO),

Kozhikode -673661

Opposite Parties

1.            Manager,

                     Customer Care,

Xiaomi Technology India (P) Ltd,

Ground floor, AKR infinity Sy No. 113,

Krishna reddy industrial area, 7^th mile hosur road,

Bangalore – 560068,Karnataka.

2.            Manager,

Reliance Retail Ltd Reliance Digital,

RRL CDIT- East Nadakkavu,

Kozhikode Yas Tower,

Door No. 1238 – EFG,

East Nadakkavu,

Eranhippalam (PO), Near CH Juma Masjid,

Wayanad Road, Kozhikode – 673006.

Suppl   3.     Roopesh,

                     Global infocom, M.A Complex,

                     Annie hall road, Kozhikode,

Kerala – 673002

                    (Suppl OP3 impleaded as per order dated 24/03/2023 in IA 387/2022)

ORDER

By Sri. P.C. PAULACHEN  – PRESIDENT

            This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.

2. The case of the complainant, in brief, is as follows;

On 29/10/2020 the complainant purchased a XiaomiRedmi 9A Black mobile phone from the opposite party. The device was having a warranty of one year. He had availed one year additional warranty paying Rs. 549/-. The additional warranty is provided by Reliance ResQ. But within 3 months of the purchase, there was hang and hence he approachedthe service centre, who is thesupplemental third opposite party herein. The repairing of the phone was delayed by the third opposite party. On 26/08/2021 the main board was replaced. Even then the phone was not working properly. On 30/09/2021 the main board was again replaced. But the problem persisted. On 2/10/2021 he contacted MiCustomer Support, but in vain. Valuable data, photos and pdf files were lost from the phone. The phone was kept in the service centre for 29 days. He was put to gross mental agony and inconvenience due to the act of the opposite parties. Hence the complaint claiming total compensation of Rs. 30,448/- including the price of the mobile phone.

3.  Supplemental third opposite party was impleaded as per order dated 24/03/2023 in IA 387/2022.
4. All the opposite parties were set ex-parte.
5. The points that arise for determination in this complaint are;

                        (1).Whether there was any deficiency of service on the part of the opposite parties, as alleged?

                        (2). Reliefs and costs.

6. The Complainant was examined as PW1 and Exts A1 to A3 were marked.

7. Heard.
8. Point No 1:PW1 has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Exts A1 and A2 are the service record and Ext A3 is the service order.
9. The evidence of PW1 stands unchallenged. The opposite partieshave not turned up to file version. The opposite parties have not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant. There is no contra evidence to disprove the claim of the complainant. The case of the complainant stands proved through the testimony of PW1 and Exts A1 to A3. Gross deficiency of service on the part of the opposite parties stands proved.
10. The mobile hand set is now a worthless product as far as the complainant is concerned. The opposite parties are liable to refund the price of the hand set to the complainant. The complainant was put to gross mental agony and inconvenience due to the deficiency of service of the opposite parties. The complainant is entitled to be compensated adequately. Considering the entire facts and circumstances, we are of the view that a sum of Rs. 5,000/- will be reasonable compensation in this case. The opposite parties are jointly and severally liable.
11. Point No.2:-In the light of the finding on the above point, the complaint is disposed of as follows;

                  a) CC.167/2021is allowed in part.

b) The opposite parties are hereby directed to refund Rs. 7,899/- (Rupees seven thousand eight hundred and ninety nine only), being the price of the mobile hand set to the complainant. On such payment they can take possession of the mobile hand set from the complainant.

c) The opposite parties are hereby directed to pay a sum of Rs. 5,000/- (Rupees five thousand only) as compensation to the complainant for the mental agony and inconvenience suffered.

d) The payment as afore stated shall be made  within 30 days of the receipt of copy of this order, failing which, the amount of Rs. 7,899/- shall carry an interest of 6% per annum from the date of this order till actual payment. 

e) No order as to costs.

Pronounced in open Commission on this, the29^thday of December, 2023.

Date of Filing: 11/10/2021

                               Sd/-                                                           Sd/-                                                         Sd/-

                       PRESIDENT                                              MEMBER                                              MEMBER

APPENDIX

Exhibits for the Complainant :

Ext A1 -  Service record

Ext A2 -  Service record

Ext A3 -  service order.

Exhibits for the Opposite Party

Nil

Witnesses for the Complainant

PW1 -     Muraleedharan.K(Complainant)

Witnesses for the opposite party

 Nil

                               Sd/-                                                              Sd/-                                                      Sd/-

                       PRESIDENT                                                  MEMBER                                              MEMBER

True Copy,

                                                                                                                                                                 Sd/-

                                                                 Assistant Registrar.