IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM
Dated this the 26th day of September, 2023
Present: Sri.Manulal.V.S, President
Smt.Bindhu.R, Member
Sri.K.M.Anto, Member
CC No.237/2022 (Filed on 07/11/2022)
Complainant : Jackson T.J,
Thumbayil Vettikkadu House,
Poovanthuruthu P.O,
Kottayam - 686 501.
Vs.
Opposite parties : 1. OPPO Mobile India (P) Limited,
Plot No.1, Sector Ecotech – VII,
Greater Noida,
Uttar Pradesh – 201 306.
2. Oxygen The Digital Shop,
J107A, 107B/VIII,
Kinattummootil Building,
M.C Road, Nagampadam,
Kottayam – 686 001.
(By Adv: Arathy.K)
O R D E R
Sri.Manulal.V.S, President
This complaint was filed under Section 35 of the Consumer Protection Act 2019 and stood over to this date for consideration and this Commission passed the following order.
This is a complaint filed by the complainant against the opposite parties alleging deficiency in service on the part of the opposite parties. After admitting the complaint notice was issued to the opposite parties. Despite the receipt of the notice from this Commission the opposite parties neither care to appear before the Commission nor to file version and the opposite parties were set exparte.
The case of the complainant is that he had purchased a One Plus 9R mobile phone from the second opposite party on 22/11/2021 for an amount of Rs.39,105/-. During the month of August 2022 after the updating of the software the mobile phone became defective. Hence alleging deficiency in service on the part of the opposite parties complainant approached this Commission for redressing his grievance.
The complainant has not filed any affidavit or documents. It is found that though the complainant has raised allegations against the opposite parties, he has not adduced any evidence by way of affidavit or documents to substantiate his case against the opposite parties, despite giving sufficient opportunities.
As the complainant was continuously absent, notice was issued from this Commission to the complainant to appear before this Commission on 10/08/2023. The notice was duly served to the complainant. As the complainant has not filed an affidavit or documents to substantiate his allegations, we find that the complainant miserably failed to establish his case against the opposite parties. In the above circumstances, we find that this is a fit case to be dismissed.
In the result the complaint is dismissed.
Pronounced in the Open Commission on this the 26th day of September, 2023
Sri.Manulal.V.S, President Sd/-
Smt.Bindhu.R, Member Sd/-
Sri.K.M.Anto, Member Sd/-
APPENDIX :
Nil.
By Order,
Sd/-
Assistant Registrar