DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB  : PRESIDENT

Smt. PRIYA.S, BAL, LLB, MBA (HRM) :  MEMBER

Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER

Wednesday the 31^st  day of May 2023

C.C.332/2022

Complainant

Sagish Chakkungal

Chakkungal House,

Putharikkal,

Parappanangadi,

Malappuram 676 303.

Opposite Party

QDIGI  Calicut

Athulya Corner,Shop No.66/105 22C & D,

Survey No.52/2, 1^st Floor,

S.K.Temple Road, West side of S.K Temple,

Kozhikode – 673 001.

ORDER

By Sri. P.C. PAULACHEN – PRESIDENT 

           This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.

2.  The case of the complainant, in brief, is as follows:

The complainant purchased ‘ONE PLUS 9R’ smart phone paying Rs.38,000/- . After one year, there was display issue for the hand set. On contacting the customer support of the manufacturer, he was advised to approach the service centre and was informed that the complaint would be rectified within 10 to 15 days free of charges. Accordingly on 26-10-2022 he approached the opposite party, which is the authorized service centre, and entrusted the smart phone. But even after 27 days, the issue with respect to the display was not rectified and he was informed by the opposite party that the repair/service would be further delayed. He was not provided with a spare handset. The opposite party was also reluctant to attend his phone call. He was put to great hardship and mental agony due to the deficient service of the opposite party. He was constrained to buy a second hand handset paying Rs.6,500/-. Hence the complaint claiming compensation of Rs.75,000/-.

3. The opposite party was set ex-parte.

4. The points that arise for determination in this complaint are :

1.     Whether there was any deficiency of service on the part of the opposite party, as alleged?
2.      Reliefs and costs.

5. The complainant was examined as PW1 and Exts. A1 to A2 were marked.
6. Heard.

7. Point No.1– The complainant has approached this Commission alleging deficiency of service on the part of the opposite party. The specific allegation is that there was inordinate delay on the part of the opposite party in rectifying the defect of his smart phone.

8. PW1 has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 is the copy of the service record and Ext.A2 is the copy of the receipt.

9.     The evidence of PW1 stands unchallenged. The opposite party has not turned up to file version. The opposite party has not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant. The case of the complainant stands proved through the testimony of PW1 and Exts A1 and A2. It has come out in evidence that during the pendency of the complaint, the hand set was returned to the complainant after service/repairs, after a long delay of 42 days. There is inordinate delay in carrying out the repairs/service of the smart phone and the delay itself amounts to deficiency of service. It goes without saying that the act of the opposite party has resulted in mental agony, hardship and inconvenience to the complainant, for which, he is entitled to be compensated adequately. Considering the entire facts and circumstances, we are of the view that a sum of Rs.2,000/- will be reasonable compensation in this case.
10. Point No.2 :  In the light of the finding on the above point, the complaint is disposed of as follows:

1. CC 332/2022 is allowed in part.  
2. The opposite party is hereby directed to pay a sum of Rs.2,000/- (Rupees two thousand only) as compensation to the complainant.
3. The order shall be complied with within 30 days of the receipt of copy of this order.
4. No order as to costs.

Pronounced in open Commission on this the 31^st day of May 2023.

Date of Filing: 01-12-2022.

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PRESIDENT                                      MEMBER                                           MEMBER

APPENDIX

Exhibits for the Complainant :

Ext A1 - Copy of the service record.

Ext.A2 - Copy of the receipt.

Exhibits for the Opposite Party

Nil.

Witnesses for the Complainant

PW1 -  Sagish Chakkungal  (Complainant)

Witnesses for the opposite parties 

Nil.

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PRESIDENT                                      MEMBER                                           MEMBER

                                                                             True copy,

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                                                                      Assistant Registrar.