SMT. MOLYKUTTY MATHEW : MEMBER

             This is a complaint filed by the complainant U/S 35 of Consumer Protection Act 2019 for an order directing the opposite party No.1 to pay Rs.2,00,000/- as compensation for mental agony caused to the complainant and the value of product for the deficiency of service and unfair trade practice on the part of opposite party No.1.

The brief of the complaint

            The complainant had purchased one plus 8T 5G (lunar silver 8GB RAM, 128 GB storage) mobile phone for an amount of Rs.42,999/- on 17/10/2020 through Amazon online platform.  During the use of the mobile phone the complainant got one message received from OP No.1’s notification that the software updation. After the installation of the software updation one green line noted in the display.  Then the complainant informed the matter to service center at Kannur.  Then the service center reported that the display is completely damaged and to replace the same with a new one and incurred an amount of Rs.15,000/- .  But the complainant surprised that the phone has not fall down or any other cause to got damaged in his hand.  The complainant has no ready cash in his hand to change the display.  At last the complainant got an ICICI Bank credit card through EMI scheme he replaced the display of the mobile phone for an amount of Rs.14,527/- dated 07/05/2022.  There after the complainant used the mobile phone for one year.  Then again the phone became damage and 6 lines were enlarged in the display.  Then the complainant handed over the mobile phone to the service centre.  But the technician stated that the display of the phone again damaged and to cure the defects of the display new one will replaced.  But the complainant is not in a position to replace the display again in the mobile phone.  Moreover the technician reported that this type of display of the mobile phone is not available now and they will take the mobile phone and he remitted the balance amount to the company.  From the information provided by the service center clearly shows that the complainant was clearly cheated by the OP No.1 which has sold the defective mobile phone.   At the time of offering to sell the mobile phone the OP’s were promised that they will provide prompt service and necessary repair in case of any complaint.  But the OP No.1 is fails to do.  The act of OP No.1 the complainant caused much mental agony and financial loss. So there is deficiency of service and unfair trade practice on the part of OP No.1.  Hence the complaint.

            After filing the complaint notice issued to both OPs.    Both OPs received the notice and not appeared before the commission and not filed the version.  Ultimately the commission had to hold that the OPs have no version as such this case came to be proceed against the OPs are set ex-parte.

            Even though the OPs have remained absent in this case it is for the complainant to establish the allegations made by him against the OPs.  Hence the complainant was called up on to produce evidence in the form of affidavit and documents.  Accordingly the complainant has chosen to produce his affidavit along with 2 documents marking them as Ext.A1to A2.  According to the complainant as per Ext.A1on 17/10/2020 the complainant had purchased one plus 8T 5G mobile phone for an amount of Rs.42,999/- from OP No.2’s  platform.   Ext.A2 is the EMI transaction of complainants ICICI Bank Credit card.  It clearly shows that on 07/05/2022 the complainant had availed a loan from ICICI Bank and to replace the display of the mobile phone for an amount of Rs.14,527/-.  There after one year the complainant used the phone in proper condition. But after that again the phone occurs the same problem.  Immediately the complainant approached the service centre and the technician stated that only to solve the problem again replace the display of the mobile phone.  So the complainant stated that the phone is having some manufacturing defect and the complainant is in financial stringency and he is not in a position to replace again the display of the mobile phone with an amount of Rs.14,527/-.  The complainant purchases the mobile phone for his personal and official purpose.  The technician of OP also stated that the same model of display is not available now and to sold the mobile phone to the company and paid balance amount also.  According to the complainant failure to cure the defects of the mobile phone the OP1 is directly bound to redressal the grievance caused to the complainant.  So the act of OP No.1 the complainant caused much mental agony and financial loss.  So there is deficiency of service and unfair trade practice on the part of OP No.1.  Therefore we hold that the OP No.1 is liable to refund the value of mobile phone for Rs.42,999/- to the complainant  along with Rs.10,000/- as compensation for mental agony caused to the complainant and Rs.5,000/- as litigation cost.

In the result the complaint is allowed in part directing the opposite party No.1 to refund the value of mobile phone Rs.42,999/- to the complainant along with Rs.10,000/- as compensation for mental agony caused to the complainant and Rs.5,000/- as litigation cost within 30 days of receipt of this order.  In default the amount of Rs. ,42,999/- carries 12% interest per annum from the date of order till realization,  If OP No.1 fails to comply the order the complainant is at liberty to execute the order as per the provisions of Consumer Protection Act 2019. 

Exhibits for complainant

A1- Tax invoice

A2 – E-mail message

     Sd/                                                                                 Sd/                                                         Sd/

PRESIDENT                                                                 MEMBER                                              MEMBER

Ravi Susha                                                               Molykutty Mathew                                     Sajeesh K.P

(mnp)

                                               /Forwarded by order/

                                                 Assistant Registrar