SRI P.K.PANDA,PRESIDENT …      The factual matrix of case is that, the complainant had purchased two mobiles of  POCO model No.M2010J19CI and HSN No. 85171211 bearing its IMEI No.864473051889917 & No.864473054784735 through Flipkart  on dated 10.06.2021 for Rs.20998/-/-. The complainant contended that, after its use for about one month the one mobile IMEI No.864473051889917 reported battery problem, overheating problems in its body part and did not function properly. Finding the defects, the complainant contacted with the filpkart through whom the product was delivered to the complainant. Finding no alternative complainant contacted with the OP No.1 through their toll free number, but always found the same answer as was replied the flipkart. There is no authorized service centre in this jurisdiction of area. Due to overheat of battery, the alleged handset suddenly burst and totally damaged. Immediately complainant contacted with the flipkart through their toll free number and narrated the fact of damage and asked for its replacement or refund the  cost of the product. Whereas the concerned person of the flipkart suggested that since it is manufacturing defect as such to contact with the manufacturer. Several approaches in this regard got in vein and since then the mobile handset is lying unused. So the complainant alleged that the OPs has provides him a non standard set for a huge price, and to which act the complainant sustained mental agony, physical pain and financial hardship due to the malfeasance actions of Ops, hence there is deficiency in service and unfair trade practice on the part of OPs. So he prayed before the Hon’ble Commission to direct the OP.s to pay the price of alleged handset and a sum of Rs.50,000/- as compensation, and Rs.10,000/- as cost of litigation for such unfair, illegal, deceptive and deficiency in service on the part of OPs proper in the interest of justice.

   2.        The complainant has filed copy of some relevant documents to support his case and case has been heard minutely. The OPs neither appeared nor filed their counter in the case despite a number of calls, hence they set ex parte and the Commission decided to proceed the case as per documents as available in record on merit. Submissions after perusal considered.

3.           It reveals from record that the complainant has procured the said mobile on dt.10.06.2021 through Flipkart and the same found multiple defects after one month of its purchase i.e. within full valid warranty period. It is seen from the record that, the complainant time and again approached the OPs intimating the so called defects, but the OPs neither rectified the set nor replaced the same or paid its cost. The complainant first approached the flipkar and after fails, he approached the OPs with a hope of replacement, but no point of time the OPs take his responsible for complainant grievances  on his demand as per e-comers entity under the provisions of C.P.Act’2019 . It is further reveals that the complainant deposited the burst devise to this Commission. In our concerned opinion, the complainant being an educated unemployed has purchased the mobile by paying a huge remuneration alluring great features and employment opportunities by use of internet but he restrained to facilitate the same. On the other hand the OPs neither replaced the set nor paid its price on claim of complainant. Perusing the evidences, submissions by the complainant, we are of the view that, the set in question purchased by the complainant might have inherent manufacturing defect. The service rendered by Ops being duty bound is not satisfactory, which seems arbitrary and being the principal is liable for the deficiency accrued on their part. As such the complainant suffered mental agony with the damaged set, and also inflicted financial losses for the negligence and unfair practices of OP.s, so he prayed for compensation.

                                                                                                    O R D E R

1.         The OPs supra is hereby directed to pay the cost of the damaged mobile handset  inter alia, to pay Rs.15,000/-(fifty thousand) as compensation and a sum of Rs.5000/-(Five thousand) towards the cost of litigation to the complainant.

ii.         All the above directions shall be complied with in 30 days of this order, failing which  Rs.50/-per day  shall  add with the awarded sum for lapse of periods.

( Pronounced on this the  11th day of Jan' 2023)