Date of filing: 16.05.2019
Date of order: 26.08.2022
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, VELLORE AT VELLORE DISTRICT.
PRESENT: THIRU. A. MEENAKSHI SUNDARAM, B.A.B.L., PRESIDENT
THIRU. R. ASGHAR KHAN, B.Sc. B.L., MEMBER – I
SELVI. I. MARIAN RAJAM ANUGRAHA, M.B.A., MEMBER - II
FRIDAY THE DAY OF 26TH AUGUST 2022
CONSUMER COMPLAINT NO.17/2019
Mr. Srinivasan,
S/o. Gopalsamy,
No.18, E.B. Road,
Winterpet, Arakkonam,
Vellore District –630 005. …Complainant
-Vs-
1. OPPO Mobile India Pvt Ltd.,
Rep by its Manager,
Plot No. 1, Udyog Vihar,
Creater Noida, Gautam Buddha Nagar,
Utter Pradesh – 201 306.
2. The Darling Digital World Pvt Ltd.,
Rep by its Manager,
No.79, Tirutthani Road,
Suwalpet, Arakkonam,
Vellore District – 631 001. …Opposite parties
Counsel for complainant : Thiru. T. Sivakumar
First and second opposite parties : Set exparte
ORDER
THIRU. R. ASGHAR KHAN, B.Sc. B.L., MEMBER – I
This complaint has been filed under Section 12 of Consumer Protection Act 1986, the complainant prays to direct the opposite parties to replace the defective mobile or refund a sum of Rs.13,000/- as mobile cost together with an interest, further a sum of Rs.50,000/- as compensation for mental agony, loss hardship, directing the opposite parties to pay a sum of Rs.25,000/- as compensation for unfair trade practice and deficiency in service by the opposite parties pay a sum of Rs.10,000/- as cost of proceedings.
1. The case of the complaint is briefly as follows:
The complainant had purchased a mobile phone from the second oppositeparty on 07.03.2019, who is the dealer. First opposite party is manufacturer. The complainant purchased the mobile for a sum of Rs.13,000/- by six months instalments basis the EMI of Rs.4,000/-. The first opposite party given one year manufacture warranty to the said phone. Within one week from the date of purchase the mobile developed a problem was not charging properly. The complainant has visited to the second opposite party on 15.03.2019 to rectify the charging problem in mobile, whereas the opposite party received and kept the mobile for 2 days and returned the mobile without rectifying the defects in charging of the mobile.Again, he approached on 24.03.2019, the second opposite party for the same problem. But the charging defects of the mobile not being rectified during warranty period. The complainant was doing business, the mainpurpose of purchasing of mobile is to share the business e-mails and using software bases transactions from the customers. The warranty period of the mobile is 1 year from date of purchase. The complainant had already made a request to the second opposite party to replace the instrument which is suffered from the manufacturing defect. But the second opposite party did not rectify the defects in mobile or replace the instrument with new one. Despite several times visits to service centre. The complainant has suffered mental agony due to the deficiency of service and unfair trade practice. The complainant’s counsel gave a legal notice on 02.04.2019 the said legal notice was received by the all opposite parties but the defects in the mobile were not rectified or replaced with a new mobile by opposite parties. Hence this complaint.
2. In this case, even though the notice was received by the opposite parties from this commission, the opposite parties did not appear before this commission. No representation on the side of the opposite parties and therefore, the opposite parties was called absent and was Set exparte on 09.07.2019.
3. Proof affidavit of complainant not filed, documents not marked, written argument of complainant not filed. Based on the available records, we passed this order.
4. The Points that arises for consideration are:
1. Whether there is any deficiency in service on the part of the opposite
parties 1 &2?
2. Whether the complainant is entitled for relief as claimed in the
complaint?
3. To what other relief, the complainant is entitled to?
5. POINT NOS. 1 & 2: The main grievance of the complaint of this complainant is that the opposite parties failed to service his mobile, which was found to be defect within the warranty period. Therefore, there is a deficiency of service on their part. The said averments not been repudiated by the opposite parties by appearing before this Hon’ble commission and producing any documents. Hence this commission find that there is a deficiency in service on the part of the opposite parties. Hence this Point Nos.1 and 2 is answered accordingly.
6. Point No.3:Wehave decided in point Nos. 1 and 2 that there is a deficiency in service on the part of the opposite parties. The complainant entitled for relief from the oppositeparties. In the light of the facts and circumstances of the complainant and nature of evidence placed on recorded, we this commission arrived conclusion the mobile in question was defective and needs replacement of new mobile. Hence, the first opposite party is hereby directed to pay Rs.13,000/- (Rupees Thirteen Thousand only) the cost of the mobile phone and the first and second opposite parties are jointly or severally directed to pay a sum of Rs.50,000/- (Rupees Fifty Thousand only) as compensation for deficiency in service and mental agony and loss hardship and also to pay a sum of Rs.5,000/- (Rupees Five Thousand only) towards cost to the complainant. This point no. 3 is also answered accordingly.
7. In the result this complaint is partly allowed. The first opposite party is hereby directed to pay Rs.13,000/- (Rupees Thirteen Thousand only) the cost of the mobile phone and the first and second opposite parties are jointly or severally directed to pay a sum of Rs.50,000/- (Rupees Fifty Thousand only) as compensation for deficiency in service, mental agony and loss hardship and also to pay a sum of Rs.5,000/- (Rupees Five Thousand only) towards cost to the complainant, within one month from the date of receipt of this order, failing which the above amounts shall carry interest at the rate of 9% per annum from the date of receipt of this order to till the date of realization.
Dictated to the steno-typist transcribed and typed by her corrected and pronounced by us in the open Commission on this the, 26th AUGUST 2022.
Sd/- Sd/- Sd/-
MEMBER – I MEMBER – II PRESIDENT
LIST OF COMPLAINANT SIDE DOCUMENTS:
Ex.A1-07.03.2019 - Copy of mobile purchased bill
Ex.A2-02.04.2019 - Copy of complainant legal notice to all opposite parties
Ex.A3 - Copy of first opposite party postal tract consignment
Ex.A4 - Copy of second opposite party postal track consignment
LIST OF OPPOSITE PARTIES SIDE DOCUMENTS: -NIL-
Sd/- Sd/- Sd/-
MEMBER – I MEMBER – II PRESIDENT
