BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT

SRI.  P.V. JAYARAJAN                               : PRESIDENT

SMT. PREETHA G. NAIR                           : MEMBER

SRI. VIJU  V.R.                                             : MEMBER

C.C.No. 321/2021  Filed on 26/10/2021

ORDER DATED: 30/04/2022

ORDER

SRI.P.V. JAYARAJAN, PRESIDENT:

1. This is a complaint filed under section 35 of Consumer Protection Act 2019 and the matter stood over to this date for consideration.  After hearing the matter the commission passed an order as follows:
2. The case of the complainants is that the 1^st complainant purchased a mobile phone from the 1^st opposite party on 06/12/2019 by paying Rs.16,000/-.  This phone was purchased by the 1^st complainant to gift it to his father who is the 2^nd complainant in this complaint.  After purchase when the phone started function with the new sim the sound from the other end was having Eco effect and was not clear.  Immediately the complainants approached the 1^st opposite party with the above said complaint and as directed by the 1^st opposite party the complainant approached the 2^nd opposite party authorized service centre.  After verifying the instrument the technician of the 2^nd opposite party informed that there is display and software problem to the phone and to rectify the mistakes about Rs.8,000/- is the expected expenses.  According to the complainant the mobile phone is having some manufacturing defect.  Though the complainant requested for replacing the mobile phone, there was no proper responses from the side of the opposite parties.  Alleging deficiency in service and unfair trade practice on the part of the opposite parties the complainant approached this Commission for redressing his grievances.  After admitting the complaint, notice was issued to the opposite parties from this Commission.  Though the opposite parties accepted the notices issued from this Commission, they failed to appear before this Commission on the date fixed for the same and hence on 06/12/2021 the opposite parties 1 and 2 were called absent and set ex parte by this Commission.
3. The evidence in this case consists of PW1 and Ext.P1 to P2 marked on the side of the complainant.  The opposite parties 1 & 2 being declared ex parte, there is no oral or documentary evidence from the side of the opposite parties. 

4. Issues to be considered:

1. Whether there is any deficiency in service and unfair trade practice

on the part of the Opposite Parties?

2. Whether the complainant is entitle to the relief claimed in the
3. Order as to cost?

5. Heard. Perused records and affidavit.  To substantiate the case of the complainant, the complainant sworn an affidavit as PW1 and Ext.P1 & P2 series were marked.  Ext.P1 is the GST invoice dated 06/12/2019.  Ext.P2 series are the postal receipt and the AD cards.  As the opposite parties were declared ex parte, there is no oral or documentary evidence from the side of the opposite parties to discredit the evidence of the complainant and hence the evidence adduced by the complainant stands unchallenged.  By swearing an affidavit as PW1 and marking Ext.P1 and P2 series, we find that the complainants have succeeded in establishing the case put forward by the complainant against the opposite parties.  From the evidence available before this Commission we find that there is deficiency in service and unfair trade practice on the part of the opposite parties by which the complainants have suffered mental agony and financial loss.  Hence the opposite parties are jointly and severally liable to compensate the loss sustained by the complainants due to the deficiency in service and unfair trade practice on the part of the opposite parties.  In view of the above discussions and in the absence of any contra evidence to discredit the evidence adduced by the complainant, we find that this is a fit case to be allowed in favour of the complainant.     

 6. In the result the complaint is partly allowed.  The opposite parties are jointly and severally directed to pay Rs.16,000/- (Rupees Sixteen Thousand Only) with 6% interest from 06/12/2019 and Rs.5,000/- (Rupees Five Thousand Only) as compensation along with Rs.2,500/- (Rupees Two Thousand Five Hundred Only) as cost towards this proceeding to the complainants within  one month from the date of receipt of this order failing which the amount except cost shall carry interest @9% p.a. from the date of order till the date of remittance/realization.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Court, this the 30^th day of April,  2022.

C.C. No. 321/2021

APPENDIX

1. COMPLAINANT’S WITNESS:

2. COMPLAINANT’S DOCUMENTS:

3. OPPOSITE PARTY’S WITNESS:

4. OPPOSITE PARTY’S DOCUMENTS:

                                                                                                               Sd/-

                                                                                                                                                         PRESIDENT