Kerala

Thiruvananthapuram

CC/335/2022

ANANDAN PILLAI - Complainant(s)

Versus

MI STORE - Opp.Party(s)

25 Feb 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD THIRUVANANTHAPURAM

 

PRESENT

 

                               SRI.P.V.JAYARAJAN         : PRESIDENT

                               SMT.PREETHA.G.NAIR   : MEMBER

                               SRI.VIJU.V.R.                 : MEMBER

 

CC.NO.335/2022 (Filed on : 23/08/2022)

ORDER DATED : 25/02/2023

COMPLAINANT

Anandan A Pillai,

Villa 6 , Lalith Valley, Kalayam – 695043

Thiruvananthapuram , Kerala

(Party in person)

                                                          VS

OPPOSITE PARTY

 

Manager,

Mi Store Authorized Signatory,

Mifonez, Mathews Arcade, 1^st Floor,

Kesavadasapuram, 695004, Kerala

 

(Exparte)

ORDER

SRI.VIJU.V.R                 : MEMBER

1. This complaint is filed under section 35 of Consumer Protection Act 2019. The brief facts of the case is that the complainant purchased a Mi6 band a lifestyle product of value of Rs.3000/- (Rupees three thousand only) on 11^th July 2022. The complainant had purchased this from the authorized store. The opposite party is an electronic’s company which is used to sale and service of electronic products, life style products and accessories. The complainant contacted the opposite party about the failure on 11^th July 2022 and requested for a refund which they denied and asked the complainant to contact the opposite party’s service centre. The service centre lodged a complaint dated 18^th July 2022 and promised to resolve the grievance of the complainant at the earliest. The opposite party’s service center failed to resolve the grievance and closed the job order at their end leaving the only option of product replacement to the complainant. The complainant requested for refund and raised a complaint at opposite party’s grievance portal twice on 19/07/2022 and 25/07/2022. Since there was no response from the opposite party. The complainant raised grievance at ingram. But the complainant’s problem was not resolved. The act of the opposite party amount to deficiency in service, hence this complaint.

2.       Even though the opposite party received notice; the opposite party did not appear before this commission and opposite party was set exparte.

3.Issues to be ascertained:

1. Whether there is any deficiency in service from the side of opposite party?
2. Whether the complainant is entitled to get the reliefs?

4.       Issues

The complainant had filed proof affidavit and has produced four documents which were marked as Exts.A1 to A4 series. The purchase of the Mi6 band is evident from Ext.A1. On going through Ext.A4 it can been seen that the complainant has raised his grievance to the opposite party. But the opposite party has not resolved the grievance of the complainant. The opposite party did not turn up.  Hence the deposition of the complainant stands unshaken and there is nothing to rebut the evidence putforth by the complainant. From the documents produced by the complainant, we find that the complainant has succeeded in proving his case. The act of the opposite party amounts to deficiency in service, hence the opposite party is liable to compensate the complainant.

In the result, complaint is allowed. The opposite party is directed to pay Rs.3000/- (Rupees three thousand only) to the complainant and pay Rs.2500/- (Rupees two thousand and five hundred only) as compensation to the complainant for the mental agony suffered by the complainant and pay Rs.2,500/- (Rupees two thousand and five hundred only) towards the cost of the proceedings within one month from the date of receipt of this order failing which the entire amount except cost carries interest @ 9% per annum from the date of order till realization.

               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 25^th day of February 2023.

                                                                                       Sd/-

P.V.JAYARAJAN   : PRESIDENT

 

                                                                                          Sd/-       

  PREETHA .G.NAIR: MEMBER

 

                                                                                               Sd/-

VIJU.V.R     : MEMBER

Be/

APPENDIX

CC.NO.335/2022

List of witness for the complainant

PW1                   - Anandan A Pillai

 

List of Exhibits for the complainant

 

Ext.A1                  - Copy of invoice of item purchased

Ext.A2                  - Copy of service job details

Ext.A3                  - Copy of Ingram Grievance details

Ext.A4                   - Copy of online complaint

List of witness for the opposite party – NIL

List of Exhibits for the opposite party – NIL

Court Exhibits                                   - NIL

 

 

 

                                                                                     Sd/-

PRESIDENT