SRI. SAJEESH.K.P     : MEMBER

    The  Complainant has  filed this complaint  under Sec.35 of the Consumer Protection Act 2019 seeking direction against the  OPs  to  get the compensation for providing  damaged mobile phone.

     The complainant in brief :-That on 4/8/2020 complainant  had purchased a mobile phone worth Rs.5,598/- from the OP by seeing  an advertisement.  After  the receival  of  alleged phone, complainant tried to  insert sim card and at that  time he came to know that the said phone was a defective one.  The complainant tried to contact ops but  complainant received a response in an arrogant way  from the side of OP.  The complainant purchased the phone  for the educational purpose of his children.  After the purchase of  said  alleged phone,  complainant contacted the OPs and demanded his money which was paid to OP.  But  the Op denied to remit the money back.  So complainant demanded to rectify the damage of phone and that was also denied.  Hence this complaint.

   After filing the complaint, notice was issued to OPs which was duly served.  The OPs have not appeared before the commission and not filed any version.  Hence the commission held that OPs have no version and the case proceed against the OPs as set exparte. 

         Even though, the opposite parties have  remained ex-parte, it is for the complainant to establish the allegation made by him against the  OPs.  Hence the complainant was adduced  evidence in the form of proof affidavit and documents.  Accordingly the complainant  has chosen to produce his affidavit along with documents marking as Ext.A1& MO1(mobile phone) also produced .  So the Ops  remained absent  in this case.  At the end the commission heard the case on merits.

      On the perusal of  documents and evidence adduced by the complainant, Ext.A1 is the screen shot of whatsapp message send by OP with regard to the order of mobile phone worth Rs.5598/-(MO1) shows that the complainant  purchased the phone from the Ops as  stated in the complaint.  It clearly shows that the complainant is  contacted to Ops.  Moreover the complainant produce the MO1(mobile phone) before the commission .    Under this circumstances we are of the considered view that the Ops are liable to  refund the amount of Rs.5598/- to the complainant .  It will meet the ends of justice.   Hence the complaint is allowed in part. Accordingly we proceed to pass the following.

         In the result the  opposite parties are   directed to refund the amount of Rs.5598/- the price of mobile phone.  On payment of the  above said amount  to the complainant , the opposite parties are at liberty to collect  MO1(mobile phone) from the commission and along with Rs.2500/- as compensation cum  cost of litigation  to the complainant.   This order is to be  compiled by the opposite parties  within  30 days from the date of  receipt  of this order,   failing which the   complainant shall be  at liberty to  execute  the  order as  per the  provisions  of Consumer Protection Act 2019.

Exts

A1-screen shot of whattsapp message

MO1-mobile phone

Sd/                                                                            Sd/                                                                     Sd/

PRESIDENT                                               MEMBER                                                        MEMBER

Ravi Susha                      Molykutty Mathew.                            Sajeesh K.P

eva         

                                                   /Forwarded by Order/

                                                    SENIOR  SUPERINTENDENT