Kerala

Thiruvananthapuram

CC/218/2022

lekshmi Das K L - Complainant(s)

Versus

New Mobile store - Opp.Party(s)

26 Sep 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD THIRUVANANTHAPURAM

 

PRESENT

 

                               SRI.P.V.JAYARAJAN              : PRESIDENT

SMT.PREETHA.G.NAIR   : MEMBER

                               SRI.VIJU.V.R.                    : MEMBER

CC.NO.218/2022 (Filed on : 02/06/2022)

ORDER DATED : 26/09/2022

COMPLAINANT

 

Lekshmi Das.K.L

TC.22/406 (2),

‘Kalabham’, Melappuram Road,

Konchiravila, Manacadu.P.O – 695009

 

(Party in person)

VS

 

OPPOSITE PARTY

 

New Mobile Store,

First Floor, TC 20/2651,

New TC 45/1542, NH Road, Karamana

Thiruvananthapuram, Kerala – 695002

 

(Exparte)

ORDER

 

SRI.VIJU.V.R              : MEMBER

 

1.       The complainant has presented this complaint before this commission under section 35 of the Consumer Protection Act 2019, alleging that he had purchased a mobile phone on 7/5/2022 from the opposite party for an amount of Rs 17,000/-. But after two days from the date of purchase of the mobile the video recording has become non-functioning. The complainant approached the opposite party for repairing the mobile phone. But the opposite party has not taken any steps to repair the mobile phone. The act of opposite party amounts to unfair trade practice and deficiency of service, hence this complaint.

2. Even though the opposite party received notice, the opposite party did not appear before this commission and opposite party was set exparte.

3.Issues to be ascertained:

1. Whether there is deficiency in service from the side of opposite party?
2. Whether the complainant is entitled to get the reliefs?

4.Issues (i) and (ii)

     The complainant had filed affidavit in-lieu of chief examination and has produced one document which was marked as Ext. P1. It can be seen from Ext P1 that the complainant has purchased the mobile phone from the opposite party .The opposite party did not turn up.  Hence the deposition of the complainant stands unshaken and there is nothing to rebut the evidence putforth by the complainant to the complainant.  The opposite party is bound to service the mobile phone. But they haven’t done that. From the documents produced by the complainant, we find that the complainant has succeeded in proving his case & there is deficiency in service from the side of opposite party. Hence the opposite party is liable to compensate the complainant.

        In the result, complaint is allowed.  The opposite party is directed to pay     Rs 17,000/- and pay Rs.4,000/- as compensation to the complainant for the mental agony suffered by the complainant and pay Rs.2,500/- towards the cost of the proceedings within one month from the date of receipt of this order failing which the entire amount except cost carries interest @ 9% per annum from the date of order till realisation.

                A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

 

                Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open commission, the 26^th  day of September 2022.

 

                                                                           Sd/-  

P.V.JAYARAJAN         : PRESIDENT

 

                                                                                         Sd/-

  PREETHA .G.NAIR: MEMBER

 

                                                                                             Sd/-

VIJU.V.R   : MEMBER

 

 

 

Be/

 

APPENDIX

 

CC.NO.218/2022

 

List of witness for the complainant

PW1                     - Lekshmi Das.K.L

Exhibit for the complainant

Ex.P1                             - Copy of cash sales

List of witness for the opposite party – NIL

Exhibit for the opposite party             - NIL

Court Exhibit                                    - NIL

 

                                                                                            Sd/-

                                                                                     PRESIDENT