ORDER

SRI.H.R. SRINIVAS, PRESIDENT

1.     This is the complaint filed by the complainant against the Opposite Party (herein referred to as OP) under Section 35 of the Consumer Protection Act, 2019 for the deficiency of service and for replacing the mobile set purchased from OP with a new one and also the cost and other reliefs as the commission deems fit.

2.     The brief facts of the complaint are: that the complainant purchased from OP the mobile set on 10.09.2020 by paying Rs.19,907/- invoice has been raised to that effect. After some time when the mobile was under use, it developed software issues such as hanging, volume buttons voluntarily switch on and off. When the application were opened there was just sound but there was no display on the screen. When the matter was brought to the notice of OP to set it right, they have not done it properly and raised job sheet on three occasions.  In view of this, complainant prayed the commission to allow the complaint.

3.     Upon service of notice through RPAD, OP did not appear before the commission and hence placed exparte.

4.     In order to prove the case, complainant filed affidavit evidence and produced documents. Arguments Heard. The following points arise for our consideration:-

1. Whether the complainant has proved deficiency in service on the part of the opposite party?

2. Whether the complainant is entitled to the relief prayed for in the complaint?

5.     Our answers to the above points are:-

POINT NO 1: In the Affirmative

POINT NO 2 : Partly in the affirmative

                      For the following.

REASONS

POINT NO 1:

6.     Complainant examined as PW-1 and job sheet marked along with one invoice for having purchased mobile. On perusing the complaint averments, affidavit evidence and documents produced by the complainant, it becomes clear, that the complainant purchased the said mobile set on 10.09.2020 from OP by paying Rs.19,907/-. The said Redmi Note 9 Pro Max mobile set with certain conditions mentioned therein. The job card issued on 07.07.2021, 19.07.2021 and 27.07.2021 reveals that the receiver has low sound in non calling state no sound in non-calling state, low sound and system login all the service order shows that service sight/sending.

7.     When this is taken into consideration OP has not set right the issues pertaining to the mobile set sold in favour of the complainant. No proper explanation has been given or offered by the OP when the notice by this commission ordered and served on the OP. The matter has to be explained by OP itself as to why it has not attended the problem or it had attended problem but could not solve the same.  It is the duty of the OP who have sold the mobile set to see that the same is functionable in all respect. Failing which it is also the duty OP to get it repaired and in all respect addressing all issues and handover the same to the complainant when the same has been done. In view of this, we hold that there is deficiency in service on the part of OP and hence we answer POINT NO.1 IN THE AFFIRMATIVE.

POINT NO.2:

8.     Since the mobile set was purchased on 10.09.2020 within a short span of less than one year, the problem has arisen and the OP did not attend the problem. In view of this we are of opinion that the said mobile to be repaired in all respect to the satisfaction of the complainant and return the same to the complainant within 30 days from the date of receipt of this order. Failing which Op is directed to either replace the same with a new one or to pay Rs.19,907/- being  the value of the said set along with interest 12% per annum on the said amount from the date of filing of this complaint till payment of the entire amount. Further OP is directed to pay a sum of Rs.5,000/- towards damages and Rs.2,000/- towards litigation expenses. In view of this, we answer POINT NO.2 PARTLY IN THE AFFIRMATIVE and pass the following:-

ORDER

1. The complaint is partly allowed with cost.
2. OP i.e. M/s Xiaomi Redmi Represented by its Authorized signatory is hereby directed to repair the mobile handset in all respect to the satisfaction of the complainant and return the same to the complainant within 30 days from the date of receipt of this order. Failing which OP is directed to either replace the same with a new one or Rs.19,907/- being  the value of the mobile handset along with interest 12% per annum on the said amount from the date of filing of this complaint till the date payment of the entire amount.
3. Further OP is also directed to pay Rs.5,000/- towards mental harassment and Rs.2,000/- towards cost of the litigation expenses to the complainant.
4. OP is hereby directed to comply the above order within 30 days from the date of receipt of this order and submit the compliance report to this Commission within 15 days thereafter.
5. Send a copy of this order to both parties free of cost.

Note: You are hereby directed to take back the extra copies of the Complaints/version, documents and records filed by you within one month from the date of receipt of this order.

(Dictated to the Stenographer over the computer, typed by him, corrected and then pronounced by us in the Open Commission on this day the 27^th  day of January 2022)

MEMBER                 PRESIDENT

ANNEXURES

1. Witness examined on behalf of the Complainant/s by way of affidavit:

Copies of Documents produced on behalf of Complainant/s:

Ex P1: Copy of the job sheet and service order.

Ex P2: Copy of the mobile bill/Tax Invoice.

2. Witness examined on behalf of the Opposite party/s by way of affidavit:

RW-1: - Nil -

Copies of Documents produced on behalf of Opposite Party/s

- Nil -

MEMBER                PRESIDENT

RAK*