SRI. SAJEESH.K.P : MEMBER
The complainant has filed this complaint under Sec.35 of the Consumer Protection Act 2019,seeking direction against the OP to pay Rs.2999/- towards the price of scanner machine and also pay Rs.25,000/- as compensation to the complainant for the mental agony.
Complaint in brief :-
On 23/6/2023, the complainant purchased a Bio Metric device viz Mantra Iris scanner from the OP as the complainant is the proprietor of Akshaya E Center and is doing Adhar updation, Bio metric updation etc. The product was delivered to complainant within a week of order and the OP issued bill. To the dismay of complainant, the scanner was not in a working condition from the very next day of delivery and this was intimated to OP and the OP promised either to rectify the defect or replace the product. At the time of purchase, the OP offered after sale service also. But thereafter OP never answered the phone calls of complainant neither rectified nor replace the product and thereby complainant sustained mental hardship and monetary loss. Hence this complaint.
After filing the complaint, notice was issued to OP and it was deemed as duly served to OP. The OP has not appeared before the commission and not filed any version. Ultimately the commission had to held that the OP has no version as such in this case came to be proceed against the OP as set exparte.
Even though, the OP has remained ex-parte, it is for the complainant to establish the allegation made by him against the OP. Hence the complainant was called upon to produce evidence in the form of affidavit and document. Accordingly the complainant has chosen to produce his affidavit along with one document marked as Ext.A1. Ext.A1 is the tax invoice issued by OP dtd.23/6/2023. So the OP remain absent in this case. At the end the commission heard the case on merit.
Let us have a clear glance at the relevant document of the complainant. The complainant was examined as PW1. On the perusal of available evidence, the commission answered the grievance of complainant accordingly. As per Ext.A1 dtd.23/6/2023, it is seen that an amount of Rs.2999/- paid by complainant and the invoice(Ext.A1) issued by OP stated that the product has one year warranty. The complaint filed by the complainant before the commission is on 23/1/2024 ie from 6 months from the date of invoice dtd.23/6/2023. Hence it is apparent that the product with the complainant has warranty coverage and the complainant is entitled to get his grievance redressed. Hence, the commission came into a conclusion that the opposite party is liable for the deficiency in service by not curing the defect of the product which is under warranty coverage. The complainant is thereby entitled to get compensation and cost.
In the result complaint is allowed in part. The opposite party is directed to rectify the defect of scanner machine without cost or if it is not curable, the opposite party is directed to pay Rs.2999/- towards the price of scanner machine and also pay Rs.5000/- as compensation and cost to the complainant within 30 days of receipt of this order. After compliance of the said proceedings, opposite party is at liberty to take back the product from the complainant. If the opposite party fails to comply the order, complainant is at liberty to file execution application against opposite party as per the provisions of Consumer Protection Act 2019.
Exts:
A1- Tax invoice
PW1-Umasankar.K-Complainant
Sd/ Sd/ Sd/
PRESIDENT MEMBER MEMBER
Ravi Susha Molykutty Mathew Sajeesh K.P
eva
/Forwarded by Order/
ASSISTANT REGISTRAR
