D.O.F:20/08/2022

                                                                                                  D.O.O:30/01/2023

IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD

        CC.No.196/2022

Dated this, the30^th day of January 2023

PRESENT:

SRI.KRISHNAN.K                        :PRESIDENT

SRI.RADHAKRISHNAN NAIR.M : MEMBER

SMT.BEENA.K.G                            : MEMBER

Abdul Khader Rasheed A M,

S/o Abdulla Musliyar,

Parakathody Erthumkadavu House,                                :Complainan

Muttathody,

Kasaragod

                                                And

1. Metro Tech,

Ground Floor,

Golden Arcade,

New Bus Stand,

Kasaragod – 671121.: Opposite Parties

2. Manager,

Customer Care Xiami Technology India Pvt. Ltd,

Ground Floor, AKR Infinity,

Sy.No.113,

Krishna Reddy Industrial Area,

7^th mile Hosur Road

Bangalore- 560008

ORDER

SMT.BEENA.K.G  : MEMBER

The facts of this case is that the complainant purchased a mobile phone from opposite party on 13/08/2021 for Rs.24,000/-.  The opposite party offered one year warranty to the mobile phone, till 12/08/2022.  After one year of purchase the mobile phone became defective and the complainant entrusted the same for repair with opposite party on 12/08/2022.  The very next day ie; on 13/08/2022 the opposite party service center returned the mobile phone to the complainant in a useless condition.  The opposite party refused to give the benefit of warranty to the complainant.  Hence the complainant approached this forum seeking an order against opposite party either to repair the mobile phone or give compensation and cost to the complainant. 

            Notice of Opposite party No.1 returned as refused and notice of opposite party No.2 served, but they remained absent.  Name of opposite parties called absent, set exparte.

            The complainant filed proof affidavit in lieu of chief examination.  The documents produced are marked as Ext.A1 and A2.  Heard the complainant, the issues raised for consideration are:-

1. Whether there is deficiency in service or unfair trade practice on the part of opposite party?
2. Whether the complainant is entitled for relief?
3. If so, what is the relief?

For convenience Issue no.1, 2 and 3 be discussed together

            The allegation of the complainant is that he purchased a mobile phone from opposite party, believing the assurance given that the mobile set has one year warranty.  Within one year of purchase ie; on 12/08/2022 the mobile set became faulty and it is entrusted to the service sender for repair on 12/08/2022.  The very next day itself the service center returned the mobile phone without curing the defects.  The opposite party rejected warranty also.  This adamant attitude of opposite party caused severe stress to the complainant.  The complainant has produced the cash bill issued by opposite party and the service records of the mobile phone.  These are marked as Ext.A1 and A2 respectively.  These documents proves that the mobile phone purchased on 13/08/2021 from opposite party for Rs.24,000/- became defective on 12/08/2022.  The allegation of the complainant is the opposite party service sender returned the mobile phone without curing defects and denied the one year warranty offered at the time of sale.  The act of opposite party amounts to unfair trade practice and deficiency in service.  The opposite party is bound to repair the mobile phone during warranty period.  The complainant entrusted the phone for repair during the warranty period itself.  But the opposite party returned the same on the very next day to elapse the warranty period proves the unfair trade practice followed by them.  In the absence of contra evidence opposite parties are bound either to repair the mobile set of the complainant or to give compensation and cost.  In this case the opposite parties already returned the phone to the complainant and denied warranty.  So they are bound to give compensation and cost to the complainant.  In the absence of contra evidence opposite parties are liable to give a compensation of Rs.10,000/- for non-repair of the mobile phone along with refund of the price of the mobile set.

            In the result complaint is allowed directing opposite parties to refund the price of the mobile phone ie; Rs.24,000,/- (Rupees Twenty Four Thousand only) with a compensation of Rs.10,000/- (Rupees Ten Thousand only) along with Rs.5,000/- (Rupees Five Thousand only) as cost.  Opposite parties No.1 and No.2 are jointly and severally liable to compensate the  lose of the complainant.

The time for compliance is 30 days from the receipt of copy of this order.

    Sd/-                                                                  Sd/-                                               Sd/-

MEMBER                                                      MEMBER                              PRESIDENT

Exhibit

A1: Cash bill

A2: Service Record

      Sd/-                                                               Sd/-                                           Sd/-

MEMBER                                                      MEMBER                              PRESIDENT

Forwarded by Order

                                                                                    Assistant Registrar

Ps/