D.O.F:21/01/2022

                                                                                                  D.O.O:30/06/2022

IN THE CONSUMER DISPUTES REDRESSAL COMMISSION KASARAGOD

CC.No.15/2022

Dated this, the 30^th day of June 2022

PRESENT:

SRI.KRISHNAN.K                         :PRESIDENT

SRI.RADHAKRISHNAN NAIR.M : MEMBER

SMT.BEENA.K.G                            : MEMBER

Balakrishnan V,

S/o K. Narasimha(Late)

Shivu Nilayam, Thekkeppallam,

Chithari Village, Hosdurg Taluk,                           : Complainant

Ravaneshwaram P.O, Pin 671316

Kasaragod District.

                                                                        And

The Manager,

R.S Enterprises, A-29,

Mohan Co-operative Industrial Estate                 : Opposite Party

Matura Road, Badapu, New Delhi,

Delhi – 110044 IN

ORDER

SMT.BEENA.K.G    :  MEMBER

     This complaint is taken on file under section 35 of the Consumer Protection Act.  The facts of the case is that complainant purchased a Nokia mobile phone X2-02 black IMEI 353669059629407 on 23/08/2021 by on line service of Amazone from the Opposite Party.  The complainant paid an amount of Rs. 3499/- being the cost.  The complainant used the said mobile phone for 2 months after that it became bad for regular use, as it has no camera active and display active.  Therefore the phone became inactive the complainant immediately returned the full set includes the mobile and its charger to the Opposite Party on 10/11/2021 with a covering letter.  The Opposite Party deliberately evaded the notice containing the grievance of the complainant and said the mobile set, invoice bill, warranty bill etc, were returned to the centre with an endorsement no such firm in this address.  The allegation of the complainant is that opposite party deliberately cheated the complainant by selling the said mobile set which is not functioning well and there by the complainant sustained financial loss and mental agony.  The complainant prayed for refund of the price of the mobile set with compensation and cost.

     Notice to Opposite Party returned stating refused, name of Opposite Party called absent set exparte the complainant filed proof affidavit in lieu of chief examination Ext A1 to A3 marked.  

   The questions raised for consideration are:-

1. Whether there is deficiency in service and cheating on the part of Opposite Party?
2. If so what is the relief?

    For convenience question No:1 and 2 can be discussed together.

    The complainant purchased Nokia Mobile phone set  from the Opposite Party through the online service of Amazone on 23/08/2021 for Rs 3499/- .  After two months of purchase the complainant noticed that the mobile phone was a demo devise having no camera active and no display active.  Hence it became useless.  Hence the complainant returned back the full set includes its charger and all the documents to Opposite Party on 10/11/2021 with covering letter to Opposite Party.  The Opposite Party evaded the notice including the mobile set, invoice, warranty bill etc.  It is returned to the centre with an endorsement no such firm in this address.  So the complainant alleges that Opposite Party cheated him by giving defective set.  The complainant prayer is to pass an order against Opposite Party for the refund of the price of the said mobile set with compensation and cost.   As he had sustained mental agony and loss due to the deficiency in service on the part of Opposite Party.      Here Opposite Party refused to received the notice from the commission the  Opposite Party deliberately evaded the notice containing the grievance of the complainant  including mobile set invoice and warranty card also.  Ext A1 is the invoice bill of supply issued by Opposite Party to the complainant, Ext A2 is copy of notice issued by the complainant to Opposite Party, Ext A3 is the postal receipt.

     In the absence of rebuttal evidence the commission holds that the complainant sustained loss and mental agony due to the deficiency in service on the part of Opposite Party hence the loss and agony suffered by the complainant has to be compensated in terms of money.  Hence the complainants prayer allowed.

     Therefore the complaint is allowed directing Opposite Party to refund Rs. 3499/- with a compensation of Rs. 5000/- (Rupees Five thousand only) along with a cost of Rs. 2000/-.(Rupees Two thousand only).

     The time for compliance is 30 days from the receipt of the copy of this judgement.

      Sd/-                                                Sd/-                                               Sd/-

MEMBER                                          MEMBER                                          PRESIDENT

Exhibits

A1- Invoice Bill

A2- Notice issued by the complainant to OP

A3- Postal Receipt

      Sd/-                                                    Sd/-                                                       Sd/-

MEMBER                                          MEMBER                                          PRESIDENT

Forwarded by Order

                                                                                    Assistant Registrar