By Sri. MOHANDASAN K, PRESIDENT
The complaint in short is as follows: -
1. The complainant purchased a Salpido Smart watch GD for Rs. 2500/-. The watch has got one year warranty. But when he started to use the same, within two months the back side of the watch detached and thereby became defective to use. The complainant purchased the watch on 05/09/2022 and on 18/01/2022 directly approached the third opposite party at Kunnamkulam demanding replacement of the said watch. But the opposite party refused to replace the same. Not only that the opposite party responded in an indecent manner towards the complainant. Due to the response of the third opposite party the complainant sustained mental agony and also inconvenience and hardships. The act of the opposite party was in front of other employees and customers who were present in the shop at that time.
2. The complainant caused notice to second and third opposite parties through a lawyer demanding replacement of the watch and also Rs. 10,000/- as cost and compensation. Though the opposite parties received notice, no reply was sent or acted in accordance with the demand made in the notice.
3. Hence the complainant filed this complaint seeking rectification of the defect of the watch and also compensation of Rs. 50,000/- from the opposite parties. The complainant submitted that the first opposite party is the myG company, the second opposite party is the Managing director of the company and the third opposite party is the Manager of showroom of myG Company at Kunnamkulam. The prayer of the complainant is against all the opposite parties.
4. On admission of the complaint notice was issued to the opposite parties. But despite of service of notice the opposite parties did not turn up. Hence the opposite parties set exparte.
5. The complainant filed affidavit and documents. The documents marked as Ext.A1 to A5 and MO.1. Ext. A1 is the copy of lawyer notice issued by Adv. Abdul Naseem under the instruction of complainant against Managing Director myG, Kozhikode and Branch Manager, myG, Kunnamkulam dated 27/02/2023. Ext. A2 is the copy of lawyer notice issued by Adv. Abdul Naseem under the instruction of complainant against Managing Director myG, Kozhikode and Branch Manager, myG, Kunnamkulam dated 27/2/2023. Ext.A3 is receipt obtained from Postal Department. Ext. A4 is the postal acknowledgements. Ext. A5 is the tax invoice for Rs. 2500/- dated 05/09/2022 issued by myG Kunnamkulam. Ext.MO.1 is the defective watch.
6. Since the opposite parties remained exparte, the case of complainant stands proved through the affidavit and documents A1 to A5 and MO.1. There is no contra evidence against the case of complainant. Hence the case of the complainant stands allowed as follows:-.
- The opposite parties are directed to refund the cost of MO.1 Rs. 2500/-(Rupees Two thousand five hundred only) to the complainant.
- The opposite parties are directed to pay Rs. 25,000/- (Rupees Twenty five thousand only) as compensation on account of defective service and unfair trade practice from the side of opposite parties and thereby caused inconvenience, hardship and mental agony to the complainant.
- The opposite parties are also directed to pay Rs.3000/-(Rupees three thousand only) as cost of the proceedings.
The opposite parties are directed to comply this order within one month, from the date of receipt of copy of this order, failing which the opposite parties are liable to pay the interest @ 12% per annum from the date of complaint to till the date of payment.
Dated this 27th day of November, 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.A1to A5
Ext. A1 : Copy of lawyer notice issued by Adv. Abdul Naseem under the instruction of
complainant against Managing Director myG, Kozhikode and Bank Manager,
myG, Kunnamkulam dated 27/02/2023.
Ext. A2 : Copy of lawyer notice issued by Adv. Abdul Nazeem under the instruction of
complainant against Managing Director myG, Kozhikode and Branch
Manager, myG, Kunnamkulam dated 27/02/2023.
Ext. A3 : Receipt obtained from Postal Department.
Ext. A4 : Postal acknowledgements.
Ext. A5: Tax invoice for Rs. 2500/- dated 05/09/2022 issued by myG Kunnamkulam.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
Ext.MO.1: Defective watch.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
