By Smt. Beena. M,  Member:

This is a complaint filed under section  12 of the Consumer Protection       Act 1986.

          2. Facts of the complaint in brief:-  The Complainant had purchased a SAMSUNG GALAXY S10+128 GB mobile phone from the First Opposite Party on 19.03.2019 for Rs. 71,400/-.  Its warranty period is over.  At the time of the purchase, the Opposite Party had given an oral assurance that the phone is a water-resistant one and if any defect is noticed that will be cured through their service center. Believing these words, the Complainant purchased the phone.  But on      17.06.2020, when the Complainant was going to Kalpetta for a land deal, the phone in the Complainant’s hand was soaked in rain water.  As soon as the phone got wet, the Complainant called to the Opposite Party’s mobile shop. They told to get the phone to their shop and the Complainant went to the First Opposite Party’s shop on 18.06.2020.  The First   Opposite Party told that nothing can be done because the period of warranty has expired and they told to contact the Second Opposite Party. Accordingly, on 19.06.2020, the Complainant approached the Second Opposite Party and showed the phone and narrated the incident.  After that, the Second Opposite Party took the phone and issued Acknowledgment of Service Request to the Complainant.  The phone was purchased by the Complainant as he saw the profile of Samsung phone in the internet, which attracted the Complainant

and seeing the advertisement that it is water resistant.  But by the time when it got wet by rain, the phone was damaged causing great distress and financial loss to the Complainant. After purchasing the phone there has been no response or solution from the Opposite Party’s side. So, the Complainant filed the above number complaint.

          3.  After the admission of the complaint, the Commission issued notice to the Opposite Parties.  The First  Opposite Party entered appearance and filed version. After receiving the notice Second Opposite Party remained absent and hence the Second Opposite Party was set ex- parte. The First Opposite Party thereafter remained absent at the time of evidence. Therefore the Commission declared them also as ex- parte.

          4. The Complainant had adduced oral evidence and he was  examined as PW1 and the documents produced were marked as Ext. A1 and A2.  On the perusal of the above documents, it is understood the genuineness of the complaint.   In spite of service of this Commission Opposite Party remained absent and not chosen to reply the complaint. Hence we have no option than to believe the contents of the complaint. Complainant proved his case undoubtedly.  The Commission found that there is deficiency in service/ unfair trade practice on the part of the First and Second Opposite Parties and as the Complainant sustained difficulties and mental stress, he has the right to be get compensated in addition to cost of the Complaint.

          In the result, the complaint is allowed as follows.

1. The Opposite Parties are directed to hand over the phone repaired  in  working condition to the Complainant within two weeks of  receipt of this order or to refund Rs. 71,400/- ( Rupees Seventy One thousand Four hundred only) being the price of the phone to the Complainant
2.  The Opposite Parties are directed to pay Rs. 20,000/- (Rupees Twenty   thousand only)  jointly and severally to the Complainant as compensation and cost.

The Opposite Parties must comply the above order within one month from the date of receipt of this order. Failing which the complainant is entitled to get interest @ 8% per annum for the above said amount from the date of this order till  realization of the amount.

Dictated to the Confidential Assistant, transcribed by him and corrected      by me and   pronounced   in the open Commission on this the 22^nd  day of August 2022.

Date of Filing: 03.11.2020.

                                                                         PRESIDENT:    Sd/-

                                                                   MEMBER   :     Sd/-

                                                                    MEMBER   :     Sd/-

APPENDIX.

Witness for the complainant:

PW1.              Aboobacker. P                      Complainant.       

Witness for the Opposite Parties:

Nil.

Exhibits for the complainant:

A1.           Invoice No. G3613.          dt:19.03.2019.

A2.           Copy of Acknowledgement of Service Request.                                  

Exhibits for the Opposite Parties:

Nil.