Kerala

Thiruvananthapuram

CC/325/2021

Nitheesh S - Complainant(s)

Versus

Manager,One plus India - Opp.Party(s)

15 Nov 2022

ORDER

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

PRESENT

               SRI.P.V.JAYARAJAN            : PRESIDENT

          SMT.PREETHA G NAIR     : MEMBER

                                     SRI.VIJU.V.R                      : MEMBER

 

CC.NO.325/21 (Filed on : 27/10/2021)

ORDER DATED : 15/11/2022

COMPLAINANT

          Nitheesh.S

          S/o.Surendran Nair.B,

          Bhaskara Nivas, Pakaloor, Pallichal.P.O

          Pin – 695020

          (Party in person)

VS

OPPOSITE PARTIES

1. Manager, One Plus India,

Kabra Excelsior, 64, 7^th Main, 1 Block,

Koramangala, Bangalore City,

Pin – 560034

(Deleted as per order in IA/319/22 dated 23/06/22)

2. The Manager,

Amazon India, Brigade Gateway, 8^th Floor,

26/1, Dr.Rajkumar Road,

Malleshwaram (W), Bangalore, Pin – 560055

3. The Manager,

IT Care Systems And Electronics,

TC.2/2527, House No.41, Vrindavan Garden,

PF Office Road, Pattom, Trivandrum

Pin - 695004

(OPS 2 & 3 Exparte)

ORDER

SRI.P.V.JAYARAJAN        : PRESIDENT

1. This complaint is filed under section 35 of Consumer Protection Act 2019 and stood over to this date for consideration and this Commission passed the following order.

2. This is a complaint filed by the complainant against the opposite parties alleging deficiency in service on the part of the opposite parties. After admitting the complaint, notice was issued to the opposite parties. The notice issued to the opposite parties 2 & 3 served. The notice issued to first opposite party returned with endorsement “left without instructions”. As the opposite parties 2 & 3 not appeared before this Commission after accepting the notice, the opposite parties 2 & 3 were called absent and set exparte by this Commission on 07/12/2021. Hence the complainant was directed to take steps against the first opposite party. When the case came up for consideration on 23/06/2022, the complainant filed an application as IA.No.319/2022 with a prayer to delete the first opposite party from the party array and proceed with complaint against opposite parties 2 & 3 alone. The said application was allowed and the first opposite party was deleted from the party array.

3.           The case of the complainant in short is that on 23/10/2020 he purchased a LED TV through the second opposite party by paying Rs.13,990/-(Rupees thirteen thousand nine hundred and ninety only). The second opposite party issued an invoice for the said transaction. In July 2021, the LED TV purchased by the complainant from the opposite parties got damaged and display seems totally black. According to the complainant since July 1^st week the complainant started complaining about the defect for the product to the opposite parties through their whatsup customer care number. Apart from that the complainant made a complaint through the mobile app of opposite parties. The complainant also raised the issue before the National Consumer Help Line through their mobile app. After one week the technician visited the house of the complainant and registered the complaint through online platform. Again after one week another technician came and replaced the display panel. But after replacement the picture seems inverted and the technician could not rectify the problem and he said that another technician will come and solve the problem. Accordingly another technician came and he also failed to solve the problem. As per the instruction from the technician of the opposite party the TV was taken to the third opposite party for service. They also failed to solve the problem and hence the complainant returned back to his residence with the defective TV. And all these defects were during the warranty period, and the opposite parties were not able to rectify the problem.  Alleging deficiency in service on the part of the opposite parties, the complainant approached this Commission for redressing his grievances. The opposite parties were declared exparte.

4.           The evidence in this case consists of PW1 and Exts.P1 to P6 on the part of the complainant. The opposite parties being declared exparte, there is no oral or documentary evidence from the side of the opposite parties.

5. Points for consideration:-

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

6.           Heard. Perused records and affidavit. To substantiate the case of the complainant, the complainant himself sworn an affidavit as PW1 and Exts.P1 to P6 were produced and marked. Ext.P1 is the invoice for Rs.13,990/-(Rupees thirteen thousand nine hundred and ninety only) issued by the second opposite party to the complainant. Ext.P2 is a computer generated document showing the description of the product purchased by the complainant from the second opposite party. Ext.P3 is the screen short of the online communications between the complainant and opposite parties. Ext.P4 is the details of the order placed by the complainant with the opposite parties. Ext.P5 is the details with regard to the complainant registered with National Consumer Help Line. Ext.P6 is the e-mail communications to the complainant By producing Ext.P1 invoice, the complainant has proved the transaction between the complainant and the opposite parties. Ext.P1 also proves that the complainant has paid Rs.13,990/- to the second opposite party on 23/10/2020 for the purpose of LED Smart Android TV. The opposite parties being declared epxarte, there is no oral or documentary evidence to discredit the evidence adduced by the complainant. In the absence of any contra evidence from the side of the opposite parties, the evidence adduced by the complainant stands unchallenged. As there is no evidence from the side of opposite parties to discredit the evidence adduced by the complainant, we accept the evidence adduced by the complainant in this case. We find that by swearing an affidavit as PW1 and by marking Exts.P1 to P6, the complainant has succeeded in establishing his case against the opposite parties. From the available evidence before this commission, we find that there is deficiency in service on the part of the opposite parties. It is also evident that the complainant has suffered financial loss and mental agony due to the act of the opposite parties. As the mental agony and financial loss to the complainant was caused due to the deficiency in service on the part of the opposite parties, we find that the opposite parties are liable to compensate the loss suffered by the complainant. In view of the above discussions and in the absence of any contra evidence from the side of the opposite parties, we find that this is a fit case to be allowed in favour of the complainant.

              In the result, the complaint is allowed. The opposite parties are jointly and severally directed to pay a sum of Rs.13,990/- (Rupees thirteen thousand nine hundred and ninety only) to the complainant along with Rs.10,000/- (Rupees ten thousand only) as compensation and Rs.2500/- (Rupees two thousand and 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 at the rate of 9% per annum from the date of order till the date of remittance / realization.

               After complying the order, the opposite parties are liberty to take back the TV set from the complainant.   

                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 Commission, this the 15^th day of November 2022.

•  

P.V.JAYARAJAN: PRESIDENT

 

                                                                                           Sd/-

PREETHA G NAIR: MEMBER

 

                                                                                          Sd/-

                                                            VIJU.V.R         : MEMBER

 

 

 

Be/

APPENDIX

CC.NO.325/21

List of witness for the complainant

PW1                 - Nitheesh.S

List of Exhibits for the complainant

Ext.P1                   - Invoice for Rs.13,990/- issued by the second opposite party 

                               to the complainant.

Ext.P2                   - computer generated document showing the description of   

                              the product purchased by the complainant from the second   

                              opposite party.

Ext.P3                  - Screen short of the online communications between the

                              Complainant and opposite parties.

Ext.P4                  -Details of the order placed by the complainant with the opposite parties.

Ext.P5                   - Details with regard to the complainant registered with National Consumer Help Line.

Ext.P6                   - E-mail communications to the complainant

 

                                                                                                Sd/-

                                                                                           PRESIDENT