Present : Sri. C.T. Sabu, President
Smt. Sreeja. S., Member
Sri. Ram Mohan R, Member
25th day of January 2023
CC 88/22 filed on 17/02/22
Complainant: Devarajan.K.G, Kizhakkoot House,
P.O.Kanjani, Thrissur.
(By Adv. A.D.Benny, Thrissur)
Opposite Parties: 1. Proprietor, MY G, Door No.12/316, 12/317, 12/318, Akkara Tower, Kuruppam Road, Thrissur- 680 001.
2. DBG Technology (India) Pvt.Ltd,
Rep.by Managing Dierctor, Plot-02, Sector- 08,
IMT Bawal, Rewari, Hariyana- 123 501.
(Ex-parte)
O R D E R
By Smt. Sreeja S. Member:
Complainant purchased a Nokia Mobile Phone for Rs.18,000/- (Rupees Eighteen thousand only) on 16/07/20 from the 1st opposite party on believing his representation that the same is of good quality. Further an amount of Rs.1,899/- (Rupees One thousand eight hundred and ninety nine only) paid towards its extended warranty. Thereafter the handset turned defective as it cannot be charged. So he contacted the 1st opposite party. They received the phone on 08/12/21 for services promising to return within 7 days. They failed to return the phone after repairs and he attempts to contact them turned futile. The act of the opposite party amounts to deficiency in service. Hence he caused a lawyer notice dated 20/01/22 which yielded no result. Hence this complaint.
2) On receiving complaint, notice was properly sent to the opposite parties. The opposite parties not appeared before this Commission and called absent set ex-parte.
3) Complainant appeared before this Commission and filed proof affidavit in which he has affirmed and explained all the averments stated in the complaint in detail. He produced five documents which are marked as Exts. A1 to A5. Ext.A1 is the bill dated 16/07/20; Ext.A2 is the extended warranty invoice dated 23/09/20; Ext.A3 is the copy of lawyer notice with postal receipt dated 20/01/22; Ext.A4 is the acknowledgement card and Ext.A5 is the job slip No.172313 dated 08/12/21.
4) We have gone through the pleadings and documents produced by the complainant. Ext.A1 proves the purchase of phone and Ext.A2 proves amount paid by the complainant for extended warranty. Ext.A5 job sheet also establishes the case of the complainant. Since there is no contra evidence available before us we are inclined to allow this complaint.
In the result complaint allowed and hereby direct 2nd opposite party to pay Rs.19,199/- (Rupees Nineteen thousand one hundred and ninety nine only) to the complainant and 1st and 2nd opposite parties jointly liable to pay Rs.5,000/- (Rupees Five thousand only) as compensation and Rs.3,000/- (Rupees Three thousand only) as cost to the complainant within one month from the date of this order. Failing in which the total amount carries 9% interest from the date of this order.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 25th day of January 2023.
Sd/- Sd/- Sd/-
Sreeja S Ram Mohan R C.T. Sabu
Member Member President
Appendix
Complainant’s Exhibits :
Ext.A1 is the bill dated 16/07/20.
Ext.A2 is the extended warranty invoice dated 23/09/20.
Ext.A3 is the copy of lawyer notice with postal receipt dated 20/01/22.
Ext.A4 is the acknowledgement card.
Ext.A5 is the job slip No.172313 dated 08/12/21.
Id/-
Member
