DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
Dated this the 5th day May, 2023
Present : Sri.Vinay Menon V., President
: Smt.Vidya.A., Member
: Sri.Krishnankutty.N.K., Member Date of filing: 04/08/2022
CC/138/2022
K.V.Prasannambika
M/o Agnai Anil
Prasannam, Sankarathukad
Marutha Road Post
Erattayal, Palakkad – 678 007 - Complainant
(Party in person)
Vs
1. M/s Nokia
The Manager, Survey. No. 52
Jalpally village, Sapore Nagar Mandal
R. R District, Hyderabad
Telengana – 500 005
2. Flipkart India Pvt. Ltd, (Marketing Agents)
Sy. No. 42/1 & 43, Kacherkanahalli
Village Jadigenehalli Hobli
Hoskote Taluk
Bengaluru Urban, Karnataka – 560 067
3. M/s Consulting Rooms Pvt. Ltd
Survey. No. 386 2 B (part), 386/2A, 381/3A1 etc.
Selakarichal village
Sulur Taluk & Appanaickenpatti
Palladam Taluk, Coimbatore
Tamil Nadu – 641 016 - Opposite parties
(All opposite parties Ex-parte)
O R D E R
By Sri.Krishnankutty.N.K., Member.
1. Pleadings of the Complainant.
The complainant's son purchased online a 43 inch Full HD LED Android Smart TV through the second opposite party under exchange scheme paying Rs. 23,999/-. It got damaged within 4 months of delivery. When complaint was lodged, the product was replaced under warranty. The replaced TV also developed the same type of problem after 8 months. Though the first opposite party agreed to replace the TV again, the product is yet to be replaced inspite of several complaints made to all the three opposite parties. Hence this complaint seeking, refund of the cost and compensation of Rs.25,000/- apart from cost.
2. Notice was issued to the opposite parties. They didn't enter appearance and were hence set ex-parte.
3. The complainant didn't file proof affidavit and mark any documents as evidence in support of his pleadings.
4. As per section 38(6) of Consumer Protection Act, 2019, "every complaint shall be heard by the District Commission, on the basis of affidavit and documentary evidence placed on record". Hence, in the absence of proof affidavit and documentary evidence, we are unable to decide on the merits of this case.
5. Hence the complaint is dismissed.
Pronounced in open court on this the 5th day May, 2023.
Sd/-
Vinay Menon V
President
Sd/-
Vidya A
Member
Sd/-
Krishnankutty N.K.
Member
Appendix
Documents marked from the side of the complainant: Nil
Documents marked from the side of opposite party: Nil
Witness examined: Nil
Cost: Nil
NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.
