Present : Sri. C.T. Sabu, President
Smt. Sreeja. S., Member
Sri. Ram Mohan R, Member
30th day of November 2022
CC 621/18 filed on 07/12/18
Complainant: K.R.Vijayan, S/o Ravunni, Kizhakkepurakkal House,
P.O.Veluthur, Thrissur- 680 012.
(By Adv.K.R.Bharathan, Thrissur)
Opposite Party: Proprietor, Shans Communications, Shanscure
Smart phone sales services, MG Road,
Thrissur- 680 001.
(Ex-parte)
O R D E R
By Smt. Sreeja S. Member:
Complainant purchased a Samsung Mobile from the opposite party on 12/09/18 for Rs.6,300/-. They made him believe that the mobile phone was new and manufactured in July 2018. Both BSNL and Vodafone SIM cards were used to avail internet service, but same was failed due to the defect of the mobile phone. So he raised a complaint with the opposite party and they directed to avail service from authorised service centre. Since there was some doubt with regard to the handset, complainant examined it and found that the same was in use since 01/01/15. Thus it has come to the knowledge of the complainant that the opposite party deceived him. Hence he caused a registered notice which was returned stating “no such addressee”. Since the act of the opposite party amounts to deficiency in service, this complaint filed.
2) On receiving complaint, notice was properly sent to the opposite party. Opposite party not appeared before this Commission and called absent and 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 cash bill issued by the opposite party amounted Rs.6,300/- dated 12/09/2018; Ext.A2 is the returned registered letter with cover & acknowledgement card ; Ext.A3 is the postal receipt dated 05/11/18;Ext. A4 is the acknowledgement card and Ext.A5 is the copy of lawyer notice. The complainant had produced the mobile phone in question before this Hon’ble Commission and marked as MO1.
4) We have gone through the pleadings and documents. The case of the complainant is that he purchased Samsung Mobile Phone from the opposite party believing that the mobile phone was new and manufactured in June 2018. But it is old and manufactured in the year 2015. Ext.A1 to A5 and MO1 proves 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 the opposite party to pay Rs.6,300/- (Rupees Six thousand three hundred only) as value of the mobile phone and the opposite party is further directed to pay Rs.2,500/- (Rupees Two thousand five hundred only) as cost to the complainant within one month from the date of receipt of copy of this order. Failing which, the entire 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 30th day of November 2022.
Sd/- Sd/- Sd/-
Sreeja S Ram Mohan R C.T. Sabu
Member Member President
Appendix
Complainant’s Exhibits :
Ext.A1 cash bill issued by the opposite party amounted Rs.6,300/-
Dtd. 12/09/2018.
Ext.A2 returned registered letter with cover & acknowledgement card.
Ext.A3 postal receipt dated 05/11/18.
Ext. A4 acknowledgement card.
Ext.A5 copy of lawyer notice.
MO1 : Mobile Phone
Id/-
Member
