By Sri. Mohamed Ismayil.C.V, Member
The grievance of the complainant is as follows:-
1. On 21-02-2022 the complainant purchased a Redme Note 116/128 STAR BRUST WHITE (865212052238693) mobile phone from the shop of the first opposite party. The price of the mobile phone was Rs.16,300/-. The second opposite party is the manufacturer. Damage started to the phone within a week of purchase as IMO was not availed. Then later video watching was interrupted frequently and charging of battery was also not properly worked. The battery was getting hot not while charging. More over while using whatsapp, video, call facility, the picture was seen black. These complaints are informed the first opposite party. The first opposite party collected the mobile phone for repair from the complainant. After 15 days the first opposite party handed over the phone by announcing that defects are rectified. But when the complainant tried to use the phone, it was found that problems were still there. So the complainant requested the opposite party to replace with a new phone. But the first opposite party did not replace the damaged phone. Within three month from the date of purchase, the phone became damaged in such way that same could not be used. The complainant was not able to use the phone in any way for 15 days since the opposite party collected it for repairing work. The damage of the phone affected the job of the complainant. The complainant also suffered mental agony and hardship due to the negligent act of the opposite party. It is stated in the complaint that first opposite party behaved indecently towards the complainant. At the time of purchase, 1 year warranty was provided to the product by the company.
2. According to the complainant the opposite parties are liable to refund Rs.16,300/- as the price of mobile phone to the complainant. The complainant also prayed for an order directing the opposite parties to pay Rs.1,00,000/- as the compensation for the negligent act of the opposite parties and also to pay Rs.25,000/- as the cost of the proceedings.
3. The complaint was admitted and notices issued to the opposite parties. The first opposite party received notice and represented through his counsel but did not file written version. The second opposite party received notice but remained absent. The commission set the second opposite party as exparte. As per the record the first opposite party received the notice on 03/06/2022. On 22/06/2022 represented through a counsel. On 19/07/2022 the first opposite party filed vakalath but no version filed. The commission recorded no version of the first opposite party. On 12/08/2022 the first opposite party filed version along with IA 579/22 to receive the version. But this commission can not consider the version as it filed after the statutory period. The complainant filed affidavit and one document. The document filed by the complainant was marked as Ext. A1. Ext. A1 is document shows that date of purchase was on 21/02/2022. The date of filing of the complaint was on 07/05/2022. It shows that the mobile purchased from the opposite parties got damaged in a short space of time. The Commission allows this complaint as follows:-
- The opposite parties are directed to pay Rs. 16.,300/- to the complainant as the cost of the mobile phone.
- The opposite parties are directed to pay Rs. 10,000 /- as compensation to the complainant for the mental agony and hardship suffered by him due to the deficient act of the opposite parties.
- The opposite parties are also directed to pay Rs. 5,000/- as the cost of the proceedings.
The opposite parties shall comply this order within a period of one month from the date of receipt of this order otherwise the entire amount shall carry 9% interest per annum till the date of realization.
Dated this 25th day of October, 2022.
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
Ext.A1: Purchase bill dated 21/02/2022.
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
VPH
