By Smt. PREETHI SIVARAMAN.C, MEMBER
1. Complainant in short is as follows:-
On 04/01/2022 complainant purchased Y20T-VIVO- 6GB RAM -64GB -PURIST Blue mobile worth Rs. 15,490/- from opposite party. At the time of purchasing the mobile, the sales man Mr. Ramesh talked to complainant about the additional benefits to be available to complainant along with the mobile and the additional package of insurance with the mobile. Moreover he assured that, if complainant taken the insurance for Rs. 1,533/- for his mobile phone , complainant can claim compensation if any damage caused to the mobile due to physical damage or damage caused due to entering of water inside the mobile phone. He also assured that, complainant can get the mobile phone replaced. By believing the words of opposite party, complainant insured the mobile phone for Rs. 1533/- for one year. Complainant again stated that , the salesman of opposite party assured that they will repair the phone if the damage caused is a repairable damage, Otherwise they will replace the phone with a new one, if the damage was irreparable.
2. On September, complainant was talking on the phone from the terrace of his house, the phone fell from his hand to the ground and the screen of the phone broken. At once complainant called Mr. Ramesh and as per his advice he tried to contact the toll free number 1800220506 given by Mr. Ramesh to complainant. But complainant was unable to connect in that number and he informed this to Mr. Ramesh. Then Mr. Ramesh informed the complainant that, opposite party is ready to repair the phone if complainant given Rs.500/- to them and they are ready to collect the phone from complainant’s house.
3. As per the advice of Mr. Ramesh complainant paid Rs. 500/- through Google pay, but no reply was received by complainant thereafter. Then complainant contacted Mr. Ramesh through phone, but he demanded Rs.10,000/- for repairing the phone. He again informed the complainant that, complainant will get only an insurance amount of Rs.3500/- for repairing the phone. Then complainant told to the sales person that, he is not ready to pay the balance amount of Rs.6500/- to opposite party because the insurance is still existing. Thereafter opposite party send back the mobile phone to complainant in his address without repairing it. It is clear deficiency in service and unfair trade practice from the side of opposite party. Hence this complaint
4. The prayer of the complainant is that he is entitled to get a full refund of Rs. 15,490/- with 12% interest, the cost of the mobile phone or replacement of the mobile phone with a new one, Rs. 1,00,000/- as compensation on account of deficiency in service and unfair trade practice on the part of opposite party and thereby caused mental agony, physical hardships and sufferings to the complainant and Rs. 50,000/- as cost of the proceedings.
5. On admission of the complaint notice was issued to the opposite party and notice served on them on 06/01/2023 but they did not turn up. Hence opposite party set exparte.
6. In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and the documents he produced were marked as Ext. A1 to A3. Ext.A1 is the true copy of the sales invoice of mobile phone dated 04/01/2022. Ext.A2 is the true copy of the bill provided by opposite party to complainant for on-site insurance dated 04/01/2022. Ext.A3 is the document provided by opposite party to complainant regarding that they send back the mobile phone to complainant without repairing it.
7. Heard the complainant and perused the affidavit and documents filed by complainant. The allegations against opposite party is proved by the unchallenged evidence of complainant. There is no contra evidence in this matter. Moreover complainant produced three documents which are very supportive to prove his case. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite party as alleged in the complaint. Hence we allow this complaint holding that opposite party is deficient in service.
8. We allow this complaint as follows:-
- The opposite party is directed to refund Rs.15,490/- (Rupees Fifteen thousand four hundred and ninety only) the cost of the mobile phone to the complainant and complainant is directed to return the damaged phone to opposite party .
- The opposite party is directed to pay compensation of Rs.10,000/- (Rupees Ten thousand only) to the complainant on account of deficiency in service on the part of opposite party and thereby caused mental agony, physical hardships and sufferings to the complainant.
- The opposite party is also directed to pay Rs.5,000/- (Rupees Five thousand only) as cost of the proceedings.
If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite party is liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
Dated this 27th day of June, 2023.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A3
Ext.A1 : True copy of the sales invoice of mobile phone dated 04/01/2022.
Ext.A2 : True copy of the bill provided by opposite party to complainant for on-site
insurance dated 04/01/2022.
Ext.A3 : Document provided by opposite party to complainant regarding that they
send back the mobile phone to complainant without repairing it.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
