Date of filing: 02.02.2022
Date of order: 29.07.2022
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, VELLORE AT VELLORE DISTRICT.
PRESENT: THIRU. A. MEENAKSHI SUNDARAM, B.A.B.L., PRESIDENT
THIRU. R. ASGHAR KHAN, B.Sc. B.L., MEMBER – I
SELVI. I. MARIAN RAJAM ANUGRAHA, M.B.A., MEMBER - II
FRIDAY THE DAY OF 29THJULY 2022
CONSUMER COMPLAINT NO.6/2022
Jithesh A .V.
S/o. P.K. Lakshmanan,
23, Menjur Subramani Street,
Jothi Nagar.
Arakkonam – 631 003. …Complainant
-Vs-
Mr. Vishwanath. C
The Customer Service Head,
Xiaomi Technology India Private Limited,
Ground Floor, AKR Infinity, Kudlu Gate,
Krishna Reddy Industrial Area, Hosapalaya,
Muneshwara Nagar,
Bengaluru, Karnataka – 560 068,
India. …Opposite Party
Complainant : Thiru. A.V Jithesh (Party in Person)
Opposite party : Set exparte (06.06.2022)
ORDER
THIRU.A. MEENAKSHI SUNDARAM, B.A.,B.L. PRESIDENT
This complaint has been filed under Section 12 of Consumer Protection Act 1986, the complainant prayed this Hon’ble Commission to direct the opposite party to pay a sum of Rs.28,249/- as cost of TV and to pay a sum of Rs.4,00,000/- as mental agony and efficiency for its compensation and deficiency and also to pay a sum of Rs.50,000/- cost.
1. The case of the complaint is briefly as follows:
The complainant purchased a smart TV namely MI4X 108CM 43 inch ultra HD android smart LED TV from the opposite party through E commerce website on 01.02.2021 through Invoice no: #FAE3TR2100020623. The value of the TV was Rs.28,249/- (Rupees Twenty Eight Thousand and Two Forty Nine only). The complainant received the smart TV with Serial no: 21694/106100146460. For the same document No.1 filed to with this complaint. On 21.11.2021, the complainant noticed the above mentioned Smart TV was not working. The complainant reported a complaint to Opposite Party customer care. On 22.11.2021 Opposite Party technician visited his home with Token No: M2924228 and he checked the TV and confirmed that the display of the TV not working. He forward the issue to Opposite party and committed that, they will resolve the issue as early as possible and the complainant would be getting a new replacement as the TV or display board is under warranty. For the same document No.2 filed to with this complaint. On 25.11.2021, the same technician bought a Refurbished TV (Serial No. 21694/106109718036) and installed it in his house. The refurbished TV didn’t come with any accessories and proper packaging. The complainant called opposite party customer care several times. No proper action was taken to address his issue. Moreover, the complainant was passing the buck and wasting his valuable time. For the same document No.3 filed to with this complaint. After that the complainant directly make a complaint in national consumer helpline (Grievance No: 3145904) on 07.12.2021 and the opposite party replied as per their company policy they cannot give a new TV to the customer. The complainant was closed by opposite party team without his knowledge. For the same document No.4 filed to with this complaint. Meantime on filing the complaint in national consumer helpline (Grievance No: 3145804) the complainant send mails and calls to the opposite party regarding my issue they will investigating the same and will solve as early as possible. Their reply through mail came on 11.12.2021 for the same document No.5 filed to with this complaint. On 27.12.2021, the complainant again re-raised the complaint in national consumer helpline (Grievance No: 3184775) regarding the issue is not solved. And the complainant got call from opposite party and informed that the TV that the complainant received was the brand new one and while asking Original Box of the TV and the documents as proof, till now they didn’t answer or reply for the same. This deficiency of service in opposite party makes heavy mental agony to the complainant and his family. For the same document No.6 filed to with this complaint. The complainant deeply saddened and disappointed by the customer service of opposite party and the complainant truly believe that they did not send his new TV or they were trying to cheat customer by sending old TVs without any proof through their service agents. Hence the opposite party is liable for the loss. Hence this complaint.
2. Though the notice was received by the opposite party from this commission. The opposite party did not appear before this commission. There was no representation on the side of the opposite party and therefore, the opposite party was called absent and Set exparte.
3. Proof affidavit of complainant filed. Ex.A1 to Ex.A7 were marked. Written argument of complainant filed. Oral argument also heard.
4. The Points that arises for consideration are:
1. Whether there is any deficiency in service on the part of the opposite
party?
2. Whether the complainant is entitled for relief as claimed in the
complaint?
3. To what other relief, the complainant is entitled to?
5. POINT NO. 1&2: The complainant purchased a smart TV namely MI4X 108CM 43 inch ultra HD android smart LED from the opposite party through E commerce website on 01.02.2021 for Rs.28,249/-. The smart TV delivered challan invoice as marked as Ex.A1. The said TV have two years warranty for panel and one year warranty of TV. The complainant lodged a complaint that on 21.11.2021. The said TV was not working the complainant reported the same to the opposite party customer care. On 22.11.2021 the opposite party technician visited his home and check the TV and inform that the display of TV was not working. The forwarded said information to the opposite party for further course of action. Further the technician also issued that the complainant would be given a new TV under the warranty. On 25.01.2021 the same technician brought a refurbished TV for installations in the complainant’s house. The said refurbished the TV did not have any accessories and proper package, the seal of the hardware of TV has been broken which was make it clear in Ex.A3. Therefore the complainant agitated and did not accept the said TV and requested to give new TV with proper seal. Thereafter the complainant made a complaint in National Consumer help line number on 07.12.2021. The opposite party in their reply as per the company policy they cannot give a new TV to the customer. The complaint was closed without the knowledge of the complainant. Thereafter, the complainant sent nemorus mails the opposite party regards in which the aforesaid issue but they did not resolved the said issue they gave reply on 11.12.2021. The said reply was marked as Ex.A5. Hence, the complainant filed this complaint. On perusal of the ExA1 the invoice for the purchase of aforesaid TV. We find that the TV is under warranty of one year. But the TV was not working within one year from the date of purchase. Therefore the opposite party should have rectified or with new TV in view of the warranty condition. However, the present case, though the opposite party received notice from this Hon’ble Commission. They did not chosen to appear before this Hon’ble Commission and answer the claim of the complainant. The complainant called absent set exparte. Therefore in view of warranty condition the manufacturer have duty to replace defect of goods purchased by the customers. In the present case the opposite party failed to do so. Therefore there is a deficiency in service on the part of the opposite party. Hence, these Point Nos. 1 and 2 are decided in favour of the complainant.
6. Point No.3: As we have decided in Point Nos.1 and 2 that there is a deficiency in service on part of the opposite party. The opposite party is hereby directed to pay a sum of Rs.28,249/- (Rupees Twenty Eight Thousand Two Hundred and Forty Nine only) the cost of the TV and also to pay a sum of Rs.1,00,000/- (Rupees One Lakh only) as compensation for deficiency in service and mental agony and also to pay a sum of Rs.10,000/- (Rupees Ten Thousand only) towards cost to the complainant. Hence, these Point No.3 also answered accordingly.
7. In the result, this complaint is partly allowed. The opposite party is hereby directed to pay a sum of Rs.28,249/- (Rupees Twenty Eight Thousand Two Hundred and Forty Nine only) the cost of the TV and also to pay a sum of Rs.1,00,000/- (Rupees One Lakh only) as compensation for deficiency in service and mental agony and also to pay a sum of Rs.10,000/- (Rupees Ten Thousand only) towards cost to the complainant, within one month from the date of receipt of this order, failing which the above amounts shall carry interest at the rate of 9% per annum from the date of this order to till date of realization.
Dictated to the steno-typist transcribed and typed by her corrected and pronounced by us in the open Commission on this the, 29th July, 2022.
Sd/- Sd/- Sd/-
MEMBER – I MEMBER – II PRESIDENT
LIST OF COMPLAINANT SIDE DOCUMENTS:
Ex.A1 – 01.02.2021 - Tax Invoice of the Purchased TV – 1 page
Ex.A2 – 21.11.2021 - SMS screenshot regarding complaint registration – 1
Page
Ex.A3 – 25.11.2021 - Image of broken seal details of TV hardware – 1 page
Ex.A4 – 25.12.2021 - Customer care call screenshot details – 1 page
Ex.A5 – 07.12.2021 - Complaint Details in Consumer Helpline (INGRAM) – 2
Pages
Ex.A6 – 28.12.2021 - Email details to the opposite party with attached
complaint intimation letter – 7 pages
Ex.A7 – 27.12.2021 - Re-registered complaint details in Consumer Helpline
(INGRAM) – 2 pages
LIST OF OPPOSITE PARTY SIDE DOCUMENTS: -NIL-
Sd/- Sd/- Sd/-
MEMBER – I MEMBER – II PRESIDENT
