By Sri. MOHANDASAN.K, PRESIDENT
1. The complainant purchased the mobile phone vide invoice No.21-1-CVD -3382 on 16/10/2021 for Rs.14,990/-. The phone is OPPO A 54 4GB + 64GB. CRYSTAL, BLACK (IMEI :862788058207231). The mobile phone became defective within 10 months, which is within the warranty period. The complainant took the mobile phone to the authorized service center of the mobile manufacturer. The mobile was repaired 3 times. But the opposite party could not rectify the defect of the mobile phone. Then, thereafter also complainant approached the opposite party to rectify the defect of the complainant but the opposite party did not heed the request of the complainant. Hence the complainant submits that he cannot use the mobile phone within 10 months of the purchase and he is suffering a lot of inconvenience and hardship. The defective mobile phone caused much financial loss to the complainant. Hence the complainant prays for the refund of the value of mobile phone along with compensation of Rs.1,00,000/-and cost of Rs.25,000/-.
2. On admission of the complaint notice was issued to the opposite parties but the opposite parties did not turn up. Though chances were given for filing version within statutory period but the opposite parties did not file version and so set them exparte . The complainant filed affidavit and documents. The documents on the side of complainant marked as Ext. A1 which is tax invoice dated 16/10/2021.
3. There is no contra evidence from the side of opposite parties. The opposite parties did not file version and affidavit. Hence they were set exparte. In the light of above facts and circumstances we find that the complainant could establish the grievance that the mobile phone purchased from the opposites parties became defective within the warranty period and the opposite parties failed to rectify the defect of the mobile phone. Hence, we hold that there is deficiency in service and unfair trade practice on the part of the opposite parties. So, we allow this complaint as follows: -
- The opposite parties are directed to refund the cost of Rs.14,990/- (Rupees fourteen thousand nine hundred and ninety only) of the mobile phone to the complainant.
- The opposite parties are directed to pay Rs.25,000/- (Rupees twenty-five thousand only) as compensation to the complainant on account of deficiency in service from the side of opposite parties and thereby caused inconvenience and hardship to the complainant.
- The opposite parties are directed to pay Rs.5,000/- (Rupees five thousand only) to the complainant as cost of the proceedings.
The opposite parties shall comply this order within one month from the date of receipt copy of this order, failing which the opposite party is liable to pay interest at the rate of 12% per annum for the above said entire amount from the date of filing this complaint.
Dated this 30th day of June, 2023.
Mohandasan . K, President
Preethi Sivaraman.C, Member
Mohamed Ismayil.C.V, Member
APPENDIX
Witness examined on the side of the complainant: Nil
Documents marked on the side of the complainant: Ext.A1
Ext.A1: (series) Tax invoice
Witness examined on the side of the opposite party: Nil
Documents marked on the side of the opposite party: Nil
Mohandasan . K, President
Preethi Sivaraman.C, Member
Mohamed Ismayil.C.V, Member
