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 parties to replace the mobile phone or to refund the value of mobile phone Rs.8,700/- to the complainant along with Rs.14,000/- as compensation for mental agony caused to the complainant for the deficiency of service and unfair trade practice on the part of opposite parties.

The brief of the complaint

            The complainant had purchased OPPO mobile phone A17K (3+64GB) blue in favour of his wife for an amount of Rs.8,700/-  from OP No.2 on 25/10/2023.  After the purchase of 5 months ie, on 03/04/2024 the phone become defective and in a bent condition.  Immediately the complainant approached to OP No.2 and he informed that only approach to OP No.1 the customer service centre.  Then the complainant approached to OP No.1 and the technician of OP No.1 checked the mobile phone found the handset in bent condition.  Moreover he stated ‘unable to consider in warranty service’, the customer not ready for paid service, display and main board in bent condition.  It is clearly noted that the defect occurred in the mobile phone within the warranty period.  The OP is liable to cure the defect with free of cost.  But the OPs 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 OPs.  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.  Then 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 ex-parte 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.  The complainant was examined as Pw1.  So the OPs remain absent in this case.  At the end the commission heard the case on merit.

  Let us have a clear glance at the relevant documents.  Ext.A1 is the tax invoice dated 25/10/2023 for an amount of Rs.8,700/- it clearly shows that the complainant had purchased an OPPO mobile phone A17K(3+64GB) blue from OP No.2 dated 25/10/2023. Ext.A2 is the customer service request. It clearly shows that the customer produced the mobile phone for repair on 03/04/2024.  Repair remarks noted as after checking found handset in bent condition, unable to consider in warranty service technical team rejected in warranty service, customer not ready for paid service, display and main board is bent condition.  The defect caused in the mobile phone during the warranty period.  So the OPs are liable to cure the defect of the mobile phone with free of cost.  The OPs are directly bound to redressal the grievance caused to the complainant.  Therefore we hold that the OPs are ready to replace the mobile phone in a defect free one or to   refund the value of mobile phone worth Rs.8,700/- to the complainant  along with Rs.4,000/- as compensation for mental agony caused to the complainant and Rs.3,000/- as litigation cost.

In the result the complaint is allowed in part directing the opposite parties 1 & 2 jointly and severally liable to replace the mobile phone in a defect free one to the complainant or to refund the value of mobile phone for Rs.8,700/- to the complainant along with Rs.4,000/- as compensation for mental agony caused to the complainant and Rs.3,000/- as litigation cost within 30 days of receipt of this order.  In default the amount of Rs. 8,700/- carries 12% interest per annum from the date of order till realization.  Failing which the complainant   is at liberty to execute the order as per the provisions of Consumer Protection Act 2019. 

Exhibits for complainant

A1- Tax invoice dated 25/10/2023

A2 – Customer service dated 03/04/2024

Pw1-Jalaludheen T P- Complainant

      Sd/                                                                                Sd/                                                         Sd/

PRESIDENT                                                                 MEMBER                                              MEMBER

Ravi Susha                                                               Molykutty Mathew                                     Sajeesh K.P

(mnp)

                                               /Forwarded by order/

                                            Assistant Registrar