ANIL KUMAR PUNDIR, PRESIDENT

                                     JUDGEMENT               

      This complaint has been filed by the complainant to direct the opposite party to refund of Rs 3,499 along with 15% interest since 22nd November 2022 and to pay compensation of Rs 50,000.

       The brief acts giving rise to this complaint are that the complainant order a Xiaomi Mi band 6 through online for www.mi.com on 31st October 2022 for RS 3,499 vide invoice number 22MI06IN00807832. The product arrived on 3rd November 2022 with battery issues. On 5th November 2022 complainant had to take this product to their service centre located at sector 18 Noida and got a new MI 6 band on 7th November 2022. There wasn't any respite as this band also started showing battery issues and this time complainant  was asked to visit their another service centre located at sector 2 Noida. They also issued a new Mi band 6 which again had battery issue and there after complainant got two more bands replaced within span of 2 weeks all due to battery issues. It clearly shows that this product has some serious manufacturing defect and it is not of standard grade / quality. Complainant  last visit to their service centre was on 21st November 22 where complainant submitted the faulty product and complainant got a job card opened as this was the 5th item with battery issue. The complainant requested them for a full refund  as complainant was tired of the inconvenience this product has caused to him and over a period of 3 weeks of purchasing. The job card was closed by their backend team without complainants cognizance and without a proper resolution. Complainant got a new job card opened on 20th December 22 but on 27th December 22 complainant came to know that they have closed the job card yet again. All this kept happening while complainants product was still in possession of their service centre and the copy of the job card is still lying with the complaint. The company looked uninterested in addressing complainants query. complainant try to reach the company official through their Facebook  and Twitter handles but all in vein. The complainant even put up a legal notice to Mr Vishwanath c head customer service of the company on 6th January 2023.The complainant got a call from their sector 2 based service centre on 13th January 2023 checking with the complainant as how complainant would like to settle the issue complainant opted for a full refund after which there has been no communication for them till date. The complainant is extremely disappointed with this company and with their grievance redressal system. This is a unfair trade practice on the part of opposite party. The complainant has filed this complaint to get the refund and compensation.

         The opposite party did not appear despite sufficient service of notice on them and the case was ordered to  proceed ex parte on 23.03.2023 against the opposite party.

        The complainant has filed an affidavit and copies of document in support of their claim.

We have heard the complainant and perused the file.

        The complainant has filed affidavit in support of his claim made in the complaint. The opposite party has not filed any evidence in the complaint and the evidence filed by the complainant is uncontroverted. There is no reason to disbelieve the evidence of the complainant in this case. The product Xiaomi Mi Band 6 sold by opposite party to the complainant and later on replaced products also had battery issues. The issue was not resolved by the opposite party and thereby committed deficiency of service. The complaint is liable to be allowed.

                                              Order

The complaint is allowed ex parte and the opposite party is directed to pay Rs 3,499/- along with simple interest of 6% per annum from the date of complaint till the date of actual payment to the complainant. The opposite party shall also pay Rs 5,000/- as compensation for harassment and mental agony Rs 1000 as cost of litigation to the complainant. The order shall be complied with in 30 days from the date of order.

Application (s) pending, if any, stand disposed of in terms of the aforesaid Order.

A copy of this Order be provided to all the parties free of cost as mandated by the Consumer Protection Act, 1986/2019.

The Order be uploaded forthwith on the website of the commission for the perusal of the parties.

File be consigned to record room along with a copy of this Order.