DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB          : PRESIDENT

Smt. PRIYA.S, BAL, LLB, MBA (HRM) :  MEMBER

Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER

Friday the 20^th  day of October 2023

CC.305/2023

Complainant

Jijin. M,

Perumkuzhioadam,

Puthiyara (PO),

Near Nadammal Temple,

Kozhikode - 673004

Opposite Parties

My G Future

Pottammal Junction,

Kozhikode - 673016

ORDER

By Sri. P.C. PAULACHEN  – PRESIDENT.

            This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.

2.  The case of the complainant, in brief, is as follows:

On 27/06/2023 the complainant purchased a BOAT AIRDOPES 148 BT EAR PHONE from the opposite party paying Rs. 1,100/-. But it showed complaints on two occasions as on 8/07/2023. When he approached the opposite party, they directed him to BOAT service centre. But the person in charge of the   service centre stated that the complaint could not be registered since the colour of the product is not noted in the bill. Hence he again reported in the shop of the opposite party on 10/07/2023 and the opposite party took back the product assuring replacement. Thereafter he had to go 6 times to the shop of the opposite party. On 15/07/2023 he was informed over phone that the product was ready for replacement and accordingly he reached the shop. But the same product was returned to him.  His request to note the colour in the bill was turned down. The speech and behaviour of the opposite party were not good.   Hence the complaint for replacement of the product along with compensation of Rs. 10,000/- .

3. The opposite party failed to appear before this Commission despite receipt of notice. Hence the opposite party was set ex-parte.
4. The points that arise for determination in this complaint are:
   1. Whether there was any deficiency of service on the part of the opposite party, as alleged?
   2. Reliefs and costs.
5. The complainant was examined as PW1 and Exts A1 and A2 were marked.
6. Heard.
7. Points  1:  The complainant has filed affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 is the copy of the tax invoice dated 27/06/2023 and Ext A2 is the copy of the complaint dated 15/07/2023 lodged in the police station.
8. The evidence of PW1 stands unchallenged. The opposite party has not turned up to file version. The opposite party has not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked by the complainant. There is no contra evidence to disprove the claim of the complainant. The case of the complainant stands proved through the testimony of PW1 and Exts A1 and A2. The complainant is entitled to get replacement of the product or refund of the purchase price. The act of the opposite party has resulted in mental agony and hardship to the complainant, for which, he is entitled to be compensated adequately. Considering the entire facts and circumstances, we are of the view that a sum of Rs, 2,000/- will be reasonable compensation in this case.
9. Point No. 2: In the light of the finding on the above point, the complaint is disposed of as follows:

1.  CC 305/2023 is allowed in part.
2. The  opposite party is hereby directed to replace the BOAT AIRDOPES 148 BT EARPHONE sold to the complainant as per Ext A1 with a new one of similar description which shall be free from any defect or in the alternative, refund the purchase price of Rs.1,100/- after taking back the product.  
3. The opposite party is directed to pay a sum of Rs. 2,000/-  (Rupees two thousand only) as compensation to the complainant for the mental agony and hardship suffered.
4. The order shall be complied with within 30 days of the receipt of copy of this order.
5. No order as to costs.

Pronounced in open Commission on this, the 20^th day of October, 2023.

Date of Filing: 24.07.2023    

                                     Sd/-                                                      Sd/-                                                         Sd/-

                             PRESIDENT                                          MEMBER                                              MEMBER

APPENDIX

Exhibits for the Complainant :

Ext.A1 – Copy of the tax invoice dated 27/06/2023.

Ext.A2 – copy of the complaint dated 15/07/2023 lodged in the police station.

Exhibits for the Opposite Party

Nil.

Witnesses for the Complainant

PW1 -  Jijin. M (Complainant)

                                     Sd/-                                                           Sd/-                                                         Sd/-

                             PRESIDENT                                             MEMBER                                               MEMBER

True Copy,  

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