Kerala

Thiruvananthapuram

CC/15/2022

Ditto Jose - Complainant(s)

Versus

The Care manager,HMID Mobile india - Opp.Party(s)

18 Nov 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

 

PRESENT

   SRI.P.V.JAYARAJAN               : PRESIDENT

SMT.PREETHA .G.NAIR           : MEMBER

SRI.VIJU.V.R                           : MEMBER

CC.NO.15/22 (Filed on : 07/01/2022)

ORDER DATED : 18/11/2022

COMPLAINANT

Ditto Jose,

S/o.Jose Joseph,

TC 11/1677 (2), Planthoppu Lane,

Charachira, Thiruvananthapuram – 695003

 

(Party in person)

VS

OPPOSITE PARTY

 

The Care Manager,

HMD Mobile India Pvt Ltd,

Ashoka Estate, Flat No.814, 8^th Floor 24,

Bharakhamba Road, New Delhi - 110001

(Exparte)

ORDER

SMT.PREETHA.G.NAIR  : MEMBER

The complainant had purchased a Nokia 5310 mobile phone from Flipkart on October 20, 2020 for an amount of Rs.3238/-.  The phone had a one year replacement warranty which was valid until November 7, 2021. The complainant  had registered a complaint that the phone is not working through the toll free number provided. They told him that the phone would be picked up and replaced. But the pickup of the phone never happened. The complainant had collect many times and the reply was that it would be replaced within a week, but they could not even provide the reference number of the pickup even after two months. They deliberately delayed the process and later said that the warranty period is over and the device cannot be replaced. Hence this complaint.

After accepting the notice, the opposite party was absent. So the opposite party was set exparte.

Complainant filed proof affidavit and documents. Exts.P1 and P2 marked.

Issues to be considered are :

1. Whether there is any deficiency in service on the part of the opposite party?

2. If so what is the relief and cost.

Issues

As per Ext.P1 the complainant purchased one handset for an amount of Rs.3238/- from the opposite party on 20/10/2020. It is evident from Ext.P2 series that the complainant had informed the opposite party regarding the defect of mobile phone and also replied by the opposite party that to handover the mobile phone to the logistic team without any accessories. But the complainant stated that the opposite party had not taken back the phone and repaired. The opposite party had not produced evidence to disprove the case of the complainant. In view of the above discussions we find that the act of opposite party amounts to deficiency in service.

        In the result, complaint is partly allowed.

        The opposite party is directed to pay Rs.3238/- (Rupees three thousand two hundred and thirty eight only) as the price of handset and pay Rs.3000/-(Rupees three thousand only) as compensation and Rs.2500/-(Rupees two thousand and five hundred only) as cost of the proceedings within 30 days from the date of receipt of this order, failing which the amount except cost shall carry an interest at the rate of 9% per annum from the date of order till the date of realization / remittance. 

                  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 Commission, this the 18^th day of November, 2022.

 

                                                                                  Sd/-

P.V.JAYARAJAN     : PRESIDENT

 

                                                                                        Sd/-

PREETHA .G.NAIR    : MEMBER

 

                                                                                            Sd/-

VIJU.V.R     : MEMBER

 

 

 

 

 

 

 

 

 

 

 

Be/

 

 

 

 

 

 

 

APPENDIX

 

CC.NO.15/22

 

List of witness for the complainant

 

PW1                                         - Ditto Jose

 

Exhibits for the complainant

 

Ext.P1                                      - Copy of tax invoice

 

Ext.P2 a to Ext.P2 (e)               - Copy of e-mail conversations messages

 

List of witness for the opposite party – NIL

 

Exhibits for the opposite party - NIL

 

Court Exhibits                                   - NIL

 

 

 

 

 

 

                                                                                               Sd/-

PRESIDENT