By: Sri. Mohamed Ismayil C.V., Member
The grievance of the complainant is as follows:-
1. The complainant is the owner of VIVO Y19 model mobile phone and due to a complaint occurred to the display of the mobile phone he approached the opposite party to rectify the defect. On the basis of assurance given by the opposite party regarding the function of display the complainant taken back the mobile phone after repairment and he paid Rs.2,200/- for replacing the display. When the complainant began to operate the mobile phone same complaint was repeated. So the complainant again contacted the opposite party and informed the issue. According to the complainant the opposite party opined that display of the mobile suffers manufacturing defect. Then complainant approached another technical to know the ground reality. The technician informed that the phone could not be used due to non stop function of blue light on the display screen resulting the running out of the battery charge quickly. The complainant contacted the opposite party and demanded to replace the defective display with another new one. According to the complainant display is under coverage of warranty period. But the opposite party did not replace the defective display. According to the complainant, the opposite party cheated him and the act of the opposite party caused sufferings of mental agony and hardship. The complainant demanded Rs.15,000/- as compensation for the sufferings of mental agony and hardship. The complainant also prayed for a direction to the opposite party to pay cost of the proceedings to the complainant.
2. The complaint is admitted and issued notice to the opposite party. Even though the notice was received by the opposite party, did not turn up before the Commission. The opposite party not filed version and so the Commission proceeded exparte.
3. The complainant filed affidavit and produced documents. The documents produced by the complainant is marked as Ext. A1 and A2 documents. Ext. A1 document is the copy of the bill dated 21/07/2022 issued by the opposite party to the complainant. Ext. A2 document is the certificate issued by the mobile technician to the complainant regarding the cause of defect of the display of mobile phone.
4. Heard the complainant in detail. Perused documents and affidavit. The points arisen for the consideration of the Commission are;
1) Is there any deficiency of service on the part of the opposite party?
2) Relief and cost.
5. It is stated by the complainant that the display of his mobile phone was damaged and so he approached the opposite party for repair work. As per the direction of the opposite party the complaint replaced display of mobile phone after making payment of Rs.2,200/- to the opposite party. The complainant produced Ext. A1 document to show the transaction took place between the complainant and the opposite party. But, according to the complainant, even after the replacement of display, the mobile phone did not function properly. So he approached another technician to get details of the defect. The complainant produced Ext. A2 document to show the examination result of the technician. As per Ext. A2 document, the display replaced by the opposite party is defective one. The affidavit and documents produced by the complainant supported the contention of the complainant rised in the complaint. There is no contra evidence available in this case. So the complaint stands proved. The claim of the compensation of Rs.15,000/- in excess considering the fact of the case and complaint is filed in a very quick response. Moreover the complainant had spent only Rs.2,200/- for replacement of subject display of mobile phone. So the complaint allowed in the following manner.
1) The opposite party is directed to refund Rs.2,200/- (Rupees Two thousand
and two hundred only) as the cost of the display incurred to the complainant
from the opposite party.
2) The opposite party directed to pay Rs.5,000/- (Rupees Five thousand only)
to the complainant as the compensation for the mental agony and hardship
suffered due to the deficiency in service of the opposite party .
3) The opposite party is directed to pay Rs.2,000/- (Rupees Two thousand
only) as the cost of the proceedings.
The opposite party shall comply this order within one month from the date of receipt of copy of this order; otherwise the entire amount shall bear 9% of interest per annum from date of order till realization
Dated this 7th day of February , 2023.
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.A1 and A2
Ext.A1: Copy of the bill dated 21/07/2022 issued by the opposite party to the
complainant.
Ext.A2: Certificate issued by the mobile technician to the complainant regarding the
cause of defect of the display of mobile phone.
Witness examined on the side of the opposite party: Nil
Documents marked on the side of the opposite party: Nil
Mohandasan K., President
Preethi Sivaraman C., Member
Mohamed Ismayil C.V., Member
VPH
