By Sri. MOHANDASAN.K, PRESIDENT
1. The complainant submitted that he is a senior citizen aged 75 years and he bought a Redmi II pro plus 5G (6GB-8GB variant ) mobile phone through Amazon India online on 07/05/2022 bearing invoice No.CJBI-68661dated 07/05/2022. The phone became dead after using it for nearly 2 months and was completely out of order. So the complainant took the phone to an authorized dealer of MI, a service centre in Calicut on 23/07/2022 and presented the complaint. The complainant submitted the bill copy and handset along with its charger for repair as well as the delivery order copy. The opposite party received the phone and issued a service order and informed the complainant that the issue would be taken up with the company and the repair would be free of charge or there would be a replacement of the faulty handset with a new piece. After couple of days the opposite parties informed to the complainant that the display was damaged due to water sweeping in and hence could not be repaired free of cost or replaced. They issued a service record in which the details regarding the cost of display amounting to Rs.7,607/- was mentioned. Which was to be incurred by the complainant, if the complainant needed to be repaired.
2. The complainant submitted that he is a senior citizen who uses his phone minimally and have always used a water proof protective case since he brought the phone along with the case provided by the company. There was never an instance of phone coming in contact with water or any kind of liquid the reason given by the service centre for the faulty display is completely unacceptable and the complainant submit that the quality of the device is very poor. The attempt of the opposite party is to deny request to repair the phone free of cost. Hence the complainant sent emails to second and third opposite parties. There is no proper response from the side of opposite parties.
3. The complainant submit that he ordered a Redmi Note handset with great expectations about the brand and the believe that would last for long. The complainant submits that there is frequent complaints and so he had to approach the opposite parties and realize that they are not bothered about the grievance of the consumers. The complainant being a senior citizen approached frequently the service center but all in vain.
4. Hence the complainant prayed to replace the handset with a new one with the same specifications and also to pay compensation of Rs.50,000/- on account of defective service and thereby caused mental agony and inconvenience to the complainant. The complainant also prayed cost of the proceedings.
5. On admission of the complaint notice was issued to the opposite parties. Despite service of notice the opposite parties did not turn up and so the opposites parties set exparte.
6. The complainant filed affidavit and documents. The documents on the side of complainant marked as Ext. A1 to A7. Ext. A1 is copy of service order dated 23/07/2022. Ext. A2 is copy of complaint through email dated 16/09/2022. Ext. A3 is copy of tax invoice from Amazon.In dated 07/05/2022. Ext. A4 is copy of email communication dated 18/08/2022. Ext. A5 is copy of email dated 15/08/2022. Ext. A6 is copy of email dated 15/08/2022. Ext. A7 is copy of service record dated 30/07/2022.
7. There is no contra evidence from the side of opposite parties since they are being set exparte. The case of the complainant stands proved through the Ext.A1 to A7. It appears the complainant purchased mobile phone from the opposite party vide Ext. A3 invoice for Rs.19,999/-, which became defective within two months of purchase itself. Though the complainant approached the opposite party duly, there was no proper service from the side of opposite parties which amounts unfair trade practice and deficiency service. Hence the complainant is entitled for the refund of the cost of the mobile phone and also entitled for compensation.
8. In the light of above fact and circumstances we allow this complaint as follows:
1) The opposite parties are directed to refund the cost of the mobile phone Rs.19,999/- (Rupees ninety thousand nine hundred and ninety-nine only) to the complainant.
2} The opposite parties are directed to pay Rs.50,000/- (Rupees fifty thousand only) as compensation to the complainant.
3) The opposite parties are directed to pay Rs.5,000/- (Rupees five thousand only) as cost of the proceedings.
The opposite parties are liable to comply this order within one month from the date of receipt of copy of this order failing which the complainant is entitled for interest at the rate of 9% per annum for the above said amount of Rs.74,999/- from the date of order to till date of payment
Dated this 30th day of June, 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 to A7
Ext.A1: Service order dated 23/07/2022
Ext.A2: email dated 16/09/2022.
Ext A3: Tax invoice from Amazon. In dated 07/05/2022
Ext A4: email communication dated 18/08/2022
Ext A5: email dated 15/08/2022.
Ext.A6: email dated 15/08/2022.
Ext.A7: Service record dated 30/07/2022.
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
