IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM
Dated this the 31st day of July 2023
Present: Sri.Manulal.V.S, President
Smt.Bindhu.R, Member
Sri.K.M.Anto, Member
CC No.30/2023 (Filed on 01/02/2023)
Complainant : Jinse Jose,
Thuruthuvelil House,
Neerikadu P.O,
Kottayam - 686 564.
(By Advs: R. Anilkumar, Ashley Antony,
Arya Suresh &Ligemol.C.John)
Vs.
Opposite party : The Sales Manager/Showroom Manager,
Oxygen the Digital Shop,
St.Antony’s Arcade,
Opposite Nehru Stadium,
Nagampadam, Kottayam – 686 001.
O R D E R
Smt.Bindhu.R, Member
The complainant purchased a Kloudpad Tablet 1701 7inch 2/16GB 4G 911516853757675 having HSN/SAC No.84711000 by paying Rs.7,400/- from the opposite party on 06/09/2022. From the third day onwards, the said tablet was not functioning properly and was informed to the opposite party. Due to the non-availability of connection to the opposite party’s customer care services the complainant could not resolve the problem so he approached the opposite party’s showroom where he was arrogantly instructed to approach the service centre. As per the direction from the service centre he took the tablet after one week to repair where he was told to pay Rs. 4,300/- for the repair of the defective mother board. Upon objection by the complainant to make the payment, the service personnel demanded Rs.2,500/- to be paid. After two weeks the tablet was returned to the complainant but the defect was not cured. Again the complainant approached the opposite party and they were trying to evade from attending the complaint. Each and every occasion the complainant had to approach the opposite party’s showroom as the customer care service was not responding. As the complainant was not attended by any service personnel, he sent a legal notice on 01.11.2022 which was received by the opposite party but no reply was given. Hence this complaint is filed for realising Rs.7,400/- along with the repairing expense Rs.2,500/- and compensation of Rs.25,000/-.
Though the opposite party was served with the notice from this Commission, the opposite party did not care to appear or file version. Hence opposite party was set exparte.
Towards the evidence to prove his case, the complainant filed evidence affidavit along with documents which were marked as Exhibits A1 to A4.
For the just and proper disposal of the complaint, the issues to be resolved are that whether the opposite party is liable to compensate the complainant for any deficiency of service and whether the complainant is eligible to get the reliefs sought for?
POINTS 1 & 2 :-
The complainant’s case is that he had purchased a tablet from the opposite party and from the third day onwards the said tablet was not functioning properly. When the complainant approached the opposite party for the repair work, they directed to the service centre and there the service personnel demanded Rs. 4,300/- which was discounted to 2,500/-. Even after service the tablet was found defective. Moreover, the opposite party was not reachable in their customer support number on all occasions.
The complainant has produced only the invoice of purchase of the Tablet, the exhibit A2 notice dated 1.11.2022 was sent to the opposite party on 30.11.2022 vide Exhibit A3 receipt. Exhibit A4 is the postal record that the notice was delivered to the opposite party on 1.12.2022. Though the opposite party received the legal notice, they did not care to reply to the complainant or to redress the grievance of the complainant.
As per Exhibit A1 invoice, the complainant purchased one Kloudpad Tablet for Rs.7,400/- on 06-09-2022.The allegation of the complainant is that the said tablet got defective within 3 days i.e, within the warranty period. Even then the service centre of opposite party demanded payment for the service. The complainant had to get the tablet serviced only on payment of Rs. 2,500/-. The opposite party being a dealer ought to have attended the complainant’s grievance by themselves or by informing the manufacturing company as it was in the warranty period.
No contrary evidence has been brought before us to disprove the allegations of the complainant. Hence we are of the view that the silence of the opposite party is an admission of the deficiency on their part. So the issues are settled in favour of the complainant and we allow the complaivnt.
ORDER
- The opposite party is directed to replace the Tablet purchased by the complainant with a model of the same specifications within 30 days from the date of receipt of copy of this order, or to pay Rs.7,400/- to the complainant with 9% interest within 30 days from the date of order till realisation.
- The opposite party is further directed to pay Rs.2,500/(Rupees Two Thousand and Five Hundred only) as compensation along with Rs. 1,000/- (Rupees One Thousand only) towards litigation cost.
If the opposite party fails to comply the order, the compensation amount shall carry an interest @9% p.a. till the date of realization.
Pronounced in the Open Commission on this the 31st day of July, 2023
Smt.Bindhu.R, Member Sd/-
Sri.Manulal.V.S, President Sd/-
Sri.K.M.Anto, Member Sd/-
APPENDIX :
Exhibits from the side of the Complainant :
Ext. A1 - Tax Invoice No.R122/NGN/6151 dated 06/09/2022
for Rs.7,400/- issued by the opposite party
Ext.A2 - Copy of lawyer’s notice dated 1/11/2022 addressed
to the opposite party
Ext.A3 - Postal Receipt dated 30/11/2022
Ext.A4 - Copy of Track Consignment Details
Exhibits from the side of Opposite party :
Nil
By Order,
Sd/-
Assistant Registrar
