Present: 1. Sri.P.K.Sasi, President.
2. Smt. Sheena.V.V., Member.
3. Sri.M.P.Chandrakumar, Member
31st day of January 2017
C.C.162/16 filed on 15/3/16
Complainant : M.A.Rappai, Arimboor Mutukkan House, Jesus
Street, P.O.Kuriachira, Thrissur.
(In Person)
Opposite Party : M/s. Naaptol Online Shopping Pvt. Ltd.,
S.No.85, Village Gundla pochampally, Mandal
Medchal, District Ranga Reddy, Hyderabad,
Andra Pradesh.
O R D E R
By Sri.P.K,.Sasi, President
The case of the complainant is that he has purchased a Datawind Calling Tablet from the opposite party on 3/10/2015 by attracting the advertisement published by them. He has purchased the product by post by paying Rs.4,999/- with an additional delivery charge Rs.399/-.
2. The opposite party has offered one year free internet connection of Reliance. Whereas after three months, no net connection received. Moreover, within few months the screen of the tablet became dull and useless. It began to produce a horrible sound while using the touch screen. In fact, the tablet became totally useless. Then the complainant submitted complaint through customer support number. However complaint register No. is received, no further action or service received from the side of opposite party. Later they avoided complainant’s calls. According to complainant, the opposite party has committed utter unfair trade practice as well as deficiency in service towards him. Hence this complaint is filed for getting relief.
2. On receiving complaint, notice was properly sent to the opposite party’s address. But the opposite party neither appeared before the Forum nor submitted any version. Hence the opposite party set exparte and the case was posted for complainant’s evidence. From the side of complainant, he has appeared before the Forum and submitted proof affidavit, in which he has affirmed and explained all the allegations stated in the complaint in detail. He has also produced two documents, which are marked as Exts.P1 and P2. Ext.P1 is the purchase bill and Ext.P2 is warranty card.
3. Since there is no contra evidence available before us, we are inclined to accept the proof affidavit filed by the complainant. We heard the complainant in detail. According to the complainant, the opposite party showed false advertisements about their product in various TV channels and the attracted customers including the complainant caused to purchase their product. Accordingly the complainant also purchased the product by spending Rs.5,398/- including freight charge. Ext.P2 is warranty card which shows 12 months warranty for the tablet and handset. The tablet is produced by the complainant and marked as MO1.
4.Considering all the above facts, we are of the opinion that the opposite party has committed unfair trade practice as well as deficiency in service towards the complainant.
5. In the result, we allow this complaint and the opposite party is directed to return Rs.5,398/- (Rupees Five thousand three hundred and ninety eight only) along with Rs.5,000/- (Rupees Five thousand only) as cost and compensation to the complainant within one month from receiving copy of this order. Failing which, the complainant is entitled to get 12% interest for all those amount till realization.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 31st day of January 2017.
Sd/- Sd/- Sd/-
M.P.Chandrakumar Sheena.V.V. P.K.Sasi, Member Member President.
Appendix
Complainant’s Exhibits
Ext.P1 Purchase bill
Ext.P2 Warranty card.
MO1 - Tablet
Id/-
President
