DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
Dated this the 29th day of May, 2023
Present : Sri.Vinay Menon V., President
: Smt.Vidya A., Member
: Sri.Krishnankutty N.K., Member Date of filing: 12/01/2023
CC/16/2023
Ashokan
S/o Krishnapilla, Karnnaki Nivas
Karala Street, Kombankuzhi
Palakkad – 678 001 - Complainant
(Party in Person)
V/s
MyG
Rep. by its Manager
Door No: 24/986,4,5
Stadium Bypass Road, Kunnathurmedu (P.O)
Palakkad - 678 013 - Opposite party
(Ex-parte)
O R D E R
By Sri.Krishnankutty.N.K., Member
1. Pleadings of the complainant in brief.
The complainant purchased a Nokia brand Mobile phone (TA.1396 Nokia C01 Plus DS, 2GB+32GB) from the opposite party paying Rs. 7,398/- as per Invoice No: 22-01-BPS-5824 dated 19/08/2022. According to the complainant the phone was having some defects such as non-appearance of mobile Applications, etc. at the time of delivery itself. He got the defects corrected from the firm called “Flex”. Selling a defective phone by the opposite party is a deficiency in service/unfair trade practice on their part. Hence he approached this Commission seeking reliefs for the same.
2. Notice was issued to the opposite party. They did not enter appearance, hence was set ex-parte.
3. The complainant filed proof affidavit and marked Ext. A1 and A2 as evidence. Ext. A1 is the tax invoice issued by the opposite party for the mobile phone sold to the complainant and Ext. A2 is the delivery note issued by M/s DM Communication, Palakkad which shows the repair details of the mobile phone.
4. The affidavit filed by the complainant shows that the phone was having display problem at the time of purchase itself. Exhibits A1 – Tax invoice and A2 – Delivery note shows that within two months of purchase of the mobile phone, it had developed complaints. Thus, a prima-facie assumption can be reached that the phone purchased by the complainant suffered immediately after its purchase.
5. In the absence of any pleadings or evidence countering complaint pleadings we allow the complaint as here under:
- The opposite party is directed to repay Rs. 7,398/- along with interest @ 10% per annum from 19/08/2022 till date of repayment.
- The opposite party is directed to pay a compensation of Rs. 10,000/- to the complainant.
- The opposite party is directed to pay a cost of Rs. 5,000/- to the complainant.
- In the event this order is not complied within a period of 45 days from the date of receipt of this order, the opposite party shall pay a solatium of Rs.250/- per month or part thereof from the date of this order till the date of payment of the entire amounts as aforesaid.
Pronounced in open court on this the 29th day of May, 2023.
Sd/-
Vinay Menon V
President
Sd/-
Vidya.A
Member
Sd/-
Krishnankutty N.K.
Member
APPENDIX
Exhibits marked on the side of the complainant:
Ext. A1: Tax Invoice issued by opposite party for the phone purchased dated
19/08/2022 for Rs. 7,398/-
Ext. A2: Delivery note issued by M/s D.M.Communications dated 17/10/2022.
Exhibits marked on the side of the opposite party: Nil
Witness examined on the side of the complainant: Nil
Witness examined on the side of the opposite party: Nil
Court Witness: Nil
Cost: Rs. 5,000/-
NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.
