By Smt. PREETHI SIVARAMAN.C, MEMBER
1.Case of the complainant:-
Complainant purchased one OPPO Mobile phone from opposite party shop. After two years of its use, the display of the mobile phone was damaged and he informed about this to opposite party . On 23/08/2021, opposite party changed the display of complainant’s mobile phone and complainant paid Rs 2800/- to opposite party for that. The display of the above mobile phone again got damaged. On 01/11/2021 complainant approached the opposite party to change the display as the display was damaged again. However opposite party demanded Rs.1600/- to change the display which was repaired and replaced two months ago. When Complainant wanted the opposite party to replace the display of his mobile phone free of cost, then opposite party said that it cannot be replaced as the electronic items would be damaged easily. Hence opposite party is not ready to change the display of the mobile phone free of cost. There is clear deficiency of service from the side of opposite party. Hence this complaint.
2. Prayer of the complainant is that he is entitled to get Rs. 5000/- for his economic loss and Rs.10,000/- for mental agony and hardships suffered him by the act of opposite party.
3. On admission of the complaint notice was issued to the opposite party and notice served on them, but they did not turn up. Hence opposite party set exparte.
4. In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and he produced one document which is marked as Ext. A1. Ext. A1 is a Tax invoice dated 23/08/2021.
5. The allegations against opposite party is proved by the unchallenged evidence of complainant. There is no contra evidence in this matter. Moreover complainant produced one document which is very supportive to prove his case. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite party as alleged in the complaint. Hence we allow this complaint holding that opposite party is deficient in service.
6. Hence we allow this complaint as follows:-
- The opposite party is directed to change the display of the mobile phone of complainant free of cost.
- The opposite party is also directed to pay compensation of Rs.10,000/-(Rupees Ten thousand only) to complainant on account of deficiency in service on the part of opposite party and thereby caused mental agony, physical hardships and sufferings to complainant.
- The opposite party is also directed to pay Rs.2000/-(Rupees Two thousand only) as cost of the proceedings.
If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite party is liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
