The complaint is in respect of the defect of  the mobile phone. The claim in the complaint  in short is as follows.

             On 10-12-2017  complainant  purchased a  mobile phone through Flip cart .  But within a short period,   the display became defective.   When it was   sent  for  repairing to the service centre,  they reported that  since  the defect was  due to water damage it will not be covered b y warranty and  for repairing the phone  49367.02/-(Rupees Forty

nine thousand three hundred and sixty seven and two paisa only)  is to be paid.    Thus complainant  refused to pay that amount and thus they returned the phone to complainant . That was received by complainant on 20-10-2018.  Then it was found that the display was broken.  Then the complaint was registered in the customer care service and they admitted that that was happened e during the service.  Thus complainant sustained  a loss of Rs. 61,000/- (Rupees Sixty one thousand only) the price of the phone and he claimed Rs. 4,00,000/-(Rupees Four lakh only) as compensation for mental agony and Rs.20,000/-(Rupees Twenty thousand only) as cost.

               Opposite parties were set exparte.  Complainant filed affidavit and Ext. A1 to A6 are marked.  The claim of complainant is proved.   Thus  complaint is allowed  as follows.

The opposite party shall pay Rs. 57,497/-(Rupees Fifty seven thousand four hundred and ninety seven only) as the price of the mobile phone and Rs. 25,000/- (Rupees Twenty five thousand only) as compensation for mental agony and Rs.10,000/-(Rupees Ten thousand only) as the cost. The amounts mentioned above shall be paidbyopposite party to complainant within 30 days from the date of receipt of copy of this order failing whichthey shall pay the amount with interest atthe rate of 12 % per annumfrom the date of complaint till realization.

            Dated  this 31^stday  of  December ,  2018.

A.A.VIJAYAN, PRESIDENT

MINI MATHEW,MEMBER

APPENDIX

Witness examined on the side of the complainant                                  :   Nil

Documents marked on the side of  the complainant                               :   Ext.A1to A5

Ext.A1    : Photo copy of the phone display working photo.            

Ext.A2    :Email conversation.                                                                                 

Ext A3    :Email conversation.

Ext A4    :Email conversation.                                                                                                          

Ext A5    :  Photographs on which proves display breakage was happened from them.

Ext A6    :  Photocopy of bill dated 10-12-2017.                                                              

Witness examined on the side of the opposite party                             :   Nil

Documents marked on the side of the opposite party                           :   Nil

A.A.VIJAYAN, PRESIDENT

MINI MATHEW,MEMBER