By: Sri. Mohandasan K., President
1. The complainant was a student of Olvattur HIO institution of Teacher Education for diploma in elementary education during the Covid season. His father is a social worker and suffering from financial crisis, bought a mobile phone for the complainant for the study purpose. From the media publications it was noted that the mobile phone Redmi note 10 was best for his purpose and budget. On 25/06/2021 the complainant placed the order through Amazon website and the phone was delivered to the complainant within few days. The mobile phone was working properly for 10 months but thereafter became defective. On 25/04/2022 the complainant placed the mobile phone before the authorized service centre at Manjeri for rectification of the defect and within 6 days the complainant was informed that the defect has been rectified and so he collected the mobile phone. Thereafter within one month itself the mobile phone became defective again and so on 25/05/2022 he submitted the mobile phone before authorized service center at Manjeri for the repair. Then also after 6 days he bought the mobile phone from the opposite party after rectification of the defect. Unfortunately within one month thereafter the mobile phone became defective and then taken to the service centre on 30/06/2022 for the repair. Now the defective phone is with opposite party at service centre. All the three occasions the complainant lost his class hours. Actually, the complainant was preparing for his internal ship to be held on 4th July and all the data and study materials were kept in the mobile phone. The youngsters to the complainant were also students and due to financial stringency, his father was not able to purchase yet another mobile phone for the complainant. The complainant submits that due to want of mobile phone and in due to intermittent defects to the mobile phone caused much hardship and inconvenience to the complainant. Complainant was insulted before the other students due to difficulty in performing before colleagues. So, the submission is that complainant as well as his family suffered due to the defective service and unfair trade practice of the opposite parties. The complainant submits that the mobile phone submitted before the service center is so far did not rectify the defect and not return to the complainant. The defect of the mobile phone was to the main board and the same was told as replaced first time. The same was repeated second time and also third time. So the allegation is that the opposite party using defective and substandard parts for the manufacturing of the mobile phone. The complainant alleges deficiency in service and unfair trade practice on the part of the service centre as well as on the side of “Amazon” the website. The claim is to issue a new mobile phone of defect free and also pay compensation of Rs.1,00,000/- to the complainant.
2. On admission of the complaint notice was issued to the opposite parties and notice were served to the opposite parties duly. But they did not turn up and not filed version duly. Subsequently the matter was taken up in Lok Adalat but it was not settled. Thereafter the complainant filed affidavit and d documents. Documents on the side of complainant marked as Ext. A1 to A5. Ext. A1 is tax invoice dated 25/06/2021 and the invoice number is MAA4-146842. Ext. A2 is copy of service record dated 27/04/2022 issued from Riya traders, Court Road Manjeri. Ext. A3 is service record dated 25/05/2022 issued from Riya Traders court road Manjeri. Ext. A4 is service order to Riya Traders, Court Road Manjeri dated 30/06/2022. Ext. A5 is copy of certificate issued from HI orphanage institute of Teacher Education, dated 12/08/2022 with working calendar semester IV June first to 15/10/2022.
3. Since the opposite party did not file version within the statuary period provided under the Consumer Protection Act, 2019 Section 38(3) (b) (ii) the opposite party set exparte.
4. Heard the complainant and perused affidavit and documents.
5. The case of the complainant stands proved thorough the chief affidavit in lieu of evidence along with documents A1 to A5. The complainant established the case through the documents. Ext. A2, A3, A4 shows the mobile phone was taken to the opposite party due to defects. Ext. A4 shows that the mobile phone stands with the opposite party for the rectification of defects. Ext. A5 shows that he was a student during the relevant period at HI orphanage institute of teacher education. Ext. A5 further establishes that the period was very crucial for the complainant as a student. So there is no doubt due to defective mobile phone the complainant suffered a lot of inconveniences. The complainant also submitted that his father being a social worker, suffering from finical stringency and was not in a position to provide another mobile phone to the complainant. Hence from the affidavit and documents the complainant established his grievance as genuine and entitled for an order of relief as prayed. The opposite party did not file version or affidavit as per law. In the absence of contra evidence against the complaint, we allow this complaint as follows:
1) The opposite parties are directed to replace a new mobile phone of same
specifications of Ext. A1 without any defect along with due warranty.
2) The opposite parties are directed to pay Rs.25,000/- as compensation to
the complainant on account of deficiency in service and unfair trade
practice and thereby caused inconvenience and hardships to the
complainant.
3) The opposite parties are directed to pay Rs.3,000/- as cost of the proceedings.
The opposite parties shall comply this order within one month from the date of receipt of copy of this order, failing which the complainant is entitled for interest @ rate of 9% per annum for the aforesaid entire amount from the date of this order till payment
Dated this 8th 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.A1to A5
Ext.A1: Tax invoice dated 25/06/2021 and the invoice number is MAA4-146842.
Ext.A2: Copy of service record dated 27/04/2022 issued from Riya traders, Court Road
Manjeri.
Ext A3: Service record dated 25/05/2022 issued from Riya Traders court road Manjeri.
Ext A4: Service order to Riya Traders Court Road Manjeri dated 30/06/2022.
Ext A5: Copy of certificate issued from HI orphanage institute of Teacher Education
dated 12/08/2022.
Witness examined on the side of the opposite party: Nil
Documents marked on the side of the opposite party: Nil
Mohandasan K., President
PreethiSivaraman C., Member
Mohamed Ismayil C.V., Member
VPH
