BEFORE THE BANGALORE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SHANTHINAGAR BANGALORE - 27.
CONSUMER COMPLAINT NO.165/2022
DATED ON THIS THE 27th FEBRUARY-2023
Present: 1) Sri. B.Narayanappa
M.A., LL.B., - PRESIDENT
2) Smt. Sharavathi. S.M,
BA., LLB., MEMBER
COMPLAINANT/S | | : | Shashi Kumar L, S/o Lingappa, Aged about 36 years, R/at No.24, Hosakerehalli, Kerekodi Bustop, Near Hebbar Condiments, Pushpagiri Nagar, Bengaluru-560085, Mobile: 9738299518, Represented by his SPA Holder Smt. Vanitha N, W/o Shashi Kumar.L (in-person) |
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| V/S |
OPPOSITE PARTY/S | | : | Weiwo Telecom Services Pvt.Ltd., Represented by its Manager, Office: No.08, II Floor, 15th Cross, (Ring Road), Near Sarakki Signal, J.P. Nagar, 6th Phase, Bengaluru-560068, Contact No.080-41481097. (ex-parte) |
Nature of complaint | : | Deficiency in service |
Date of filing of complaint | : | 04.08.2022 |
Date of Issue notice | : | 14.06.2022 |
Date of order | : | 27.02.2023 |
Duration of Proceeding | : | 06 MONTHS 23 DAYS |
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ORDER’s pronounced by Sri B.NARAYANAPPA,
PRESIDENT
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The complainant has purchased a brand new mobile namely Vivo V21E 5G on 20.07.2021 from OP for Rs.24,990/- and recently he visited service center of OP for repair of the said mobile on 01.06.2022 but, the authorized person of OP service station not investigated the mobile and returned back by intimating that, physical damage has caused to mobile.The said mobile carries one year warrantee but, OP resisted to carry out the repair and services and insisted to pay service charges and repair cost.Therefore, this complaint.
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- our consideration are as under
- Whether the complainant proves that the alleged deficiency in service on the part of the opposite party and thereby he is entitled to the reliefs as sought for?
- What order?
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Point No.1 :- Partly in the affirmative.
Point No.2 :- As per final order
for the following
:: R E A S O N S ::
7. Point No.1:- It is contention of the complainant that, he had purchased the mobile Vivo V21E 5G from OP on 20.07.2021 for Rs.24,990/-.The complainant has produced tax invoice and got marked the same as Ex.P-1 which shows that, the mobile in question has been purchased by the complainant on 20.07.2021 from OP on payment of Rs.24,990/-.Therefore, the purchase of mobile handset in question by the complainant from OP is stands established.
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- Point No.2:- For the aforesaid reasons, we proceed to pass the following
:: ORDER ::
- The complaint of the complainant is hereby allowed in part.
- The opposite party is hereby directed to repair/service the mobile handset in question with free of cost by replacing the spare parts if any within two months from the date of this order. The complainant is at liberty to get the damaged/handset bend repaired by replacing the damaged spare parts on payment of cost.
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4. The complainant is at liberty to take action against the opposite party under Section 72 of the C.P. Act, 2019 for non-compliance of this order.
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(Dictated to the Stenographer transcribed, typed by him, corrected by us and then pronounced in open Commission on this the 27th February 2023)
(SRI. B.NARAYANAPPA) PRESIDENT |
(SMT. SHARAVATHI. S.M) MEMBER |
