By. Smt. Bindu. R, President:

            This complaint is filed by Majeed. K. M, Kariyadankadi House, Valad, Wayanad against My G, Calicut Tower, Kozhikode Road, Mananthavady, Wayanad and another alleging deficiency of service and unfair trade practice from the side of the Opposite Parties.

            2.  The Complainant states that the Complainant purchased a mobile phone of Model No.REDMI 10 (with IME No.868787065948427) having one year warranty for Rs.12,000/- on 22.02.2023 vide invoice No.22-4MDY-10008 from the Opposite Party No.1.  According to the Complainant the product has not been working after a week of purchase and he complained about the same to the dealer and the product was also handed over to the dealers, which was updated and returned to the Complainant after 24 hours.  But the defect was shown repeatedly and the same procedures happened for 6-10 times.  According to the Complainant still the mobile and the original invoice are with the Opposite Party and they did not solve the issue even after repeated demands saying that the spare part is not available.  The warranty validity of the mobile phone will expire on 21.02.2024.  The product was used by the wife and children of the Complainant and due to the defect of the product the children of the Complainant was also not in a position to use the same for their examination purposes.  Hence the complaint praying for issuing a direction to the Opposite Parties to replace the product or to return the price of the mobile ie Rs.12,000/- and for other reliefs.

            3.  Upon notice Opposite Party No.1 entered into appearance but not filed their version and Opposite Party No.2 had not appeared.  Hence both Opposite Party No.1 and 2 were set ex-parte.

            4.  Evidence in this case consists of the Chief Affidavit of the Complainant and Exts.A1 to A3 from the side of the Complainant.

            5.  The following are the questions to be analysed in this case to derive into an inference of the facts.

1. Whether there is any deficiency of service or unfair trade practice from the side of the Opposite Parties…
2. If proved, Compensation and costs for which the Complainant is entitled for..

6.  Heard the Complainant and perused the records in detail.

7.  As per Ext.A1, the product is purchased in the name of Aseena and as per Chief Affidavit filed by the Complainant Aseena is his wife.  As per the averments in the complaint and the chief affidavit, the phone was used by the wife and children of the Complainant.  From Ext.A1 it is also revealed that the Opposite Party No.2 is the manufacturer of the product.

8.  It is also revealed from the averments in the complaint and the Chief Affidavit the complaint is filed within the warranty period which shows that the defect was brought to the notice of the Opposite Party within the warranty period itself.  Even though Opposite Party No.1 appeared before the Commission on receiving the notice, they had not cared to contest the case.  It can be seen from the documents produced by the Complainant that he had made several calls to the Opposite Party which itself proves that the Complainant had taken a lot of effort to get the defects rectified.  The non-co-operation and reluctance of Opposite Party in contesting the case may be due to the reason that they do not have any comments to state against the allegation framed by the Complainant.

9.  From the available records and averments in the chief affidavit this Commission finds that the Complainant had proved Point No.1 in his favour and hence the following Orders are passed.

1. The Opposite Parties are directed to repay the price of the mobile phone ie Rs.12,000/- (Rupees Twelve Thousand Only) to the Complainant with interest @ 6% from the date of purchase till the date of payment.
2. The Opposite Parties are also liable to pay an amount of Rs.3,000/- (Rupees Three Thousand Only) to the Complainant as compensation.
3. The Opposite Parties are also liable to pay costs of Rs.1,000/- (Rupees One Thousand Only) to the Complainant.

Needless to say that both the Opposite Parties are jointly and severally liable for the above ordered amount and are to be paid to the Complainant within 30 days of receipt of the copy of the Order, otherwise, the amount ordered 1 and 2 above will carry interest @ 6% p.m from the date of the order till the date of realization.

Consumer Case partly allowed.

Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the 23^rd day of November 2024.

Date of Filing:- 12.02.2024.

PRESIDENT   : Sd/-

MEMBER       : Sd/-

APPENDIX.

Witness for the Complainant:-

PW1.              Majeed. K. M.                                             Hotel.

Witness for the Opposite Parties:-

Nil.

Exhibits for the Complainant:

A1.                  Copy of Tax Invoice.                                  Dt:22.02.2023.

A2.                  Copy of Cover Photo of product.

A3.                  Copy of phone call details.

Exhibits for the Opposite Parties:-

Nil.

PRESIDENT   :Sd/-

MEMBER       :Sd/-

/True Copy/

Sd/-

                                                                                             ASSISTANT REGISTRAR

                                                                                                  CDRC, WAYANAD.

Kv/-