Kerala

Idukki

CC/5/2021

Justin jose - Complainant(s)

Versus

Xiami Technology india pvt ltd - Opp.Party(s)

28 Sep 2021

ORDER

DATE OF FILING : 13.1.2021

IN THE CONSUMER DISPUTES REDRESSAL COMMISSION IDUKKI

Dated this the 28^th  day of September, 2021

Present :

SRI. C. SURESHKUMAR                             PRESIDENT  

SMT. ASAMOL P.                                       MEMBER

SRI. AMPADY K.S.                                    MEMBER

CC NO.5/2021

Between

Complainants :                                   1.  Justine Jose,

                                                              Elamjulathu House,

                                                              Near Mathrubhumi,

                                                              Kottayam – 686 006.

2.  Muhammed Ismail,

     Illathuparambil House,

     HPC Chappath,

    Vandipperiyar – 685 533.

And

Opposite Parties :                               1.  Xiaomi Technology India Pvt. Ltd.,

                                                              8^th Floor, Tower-1, Umiya Business bay

 Marathahalli, Sarjapur,

                                                              Outer ring road Bangalore,

                                                              Karnataka – 560 103.

2.  G Mobiles and Electronics,

     630/11 Kanjiramthanam Building,

    Near Simi Cycles, New Private Bus stand,

    Kattappana – 685 508.

 

O R D E R

SMT. ASAMOL. P, MEMBER

Brief facts of the case are hereunder:

1.  On 4^th October 2020, the mobile phone MI 10 with IMEI No.861388040614213 was ordered through flipkart, 1^st complainant for the 2^nd complainant. It was delivered on 6^th October.

2 .  On the first day of purchasing itself, the phone was heating upon mild uses, especially on the screen.  So, it was entrusted to 2^nd opposite party on next day, ie., 7^th October.  The 2^nd opposite party informed that it may be normal and                                                                                                               (cont....2)

• 2  -

that normal heating range is  upto 43 degree Celsius.      But still there was heating issue while using the phone, which seemed to be abnormal and touch screen was not properly functioning.  There were some sounds from the display while shaking the phone.  So, 2^nd complainant approached service centre again on 3^rd November.  2^nd opposite party updated a software and informed that the issue may be rectified by this update and if the issue still persists, the device will be diagnosed and the screen will be replaced.  But even after the software update, heating issue remained the same.  On 13^th November, temperature of the  phone was 47 degree Celsius, which is a serious range and screen shots of the temperature sent to the technician.  A particular portion of the screen started to flash and video of this defect was also sent to the technician.

3.  For replacing the display, 2^nd complainant again approached the service centre on 17^th November.  At that time, the technician of 2^nd opposite party confirmed that it is a manufacturing defect with display as there is no physical damage and it will be replaced by a new display under warranty.  So, the 2^nd complainant handed over the phone to the 2^nd opposite party for replacing the display.  2^nd opposite party told to him that there is no spare part here and it will arrive within 10 days.  But even after 14 days, there was no update regarding the spare part from the 2^nd opposite party.

4.  Then, 2^nd complainant made a complaint to 1^st opposite party that the spare part did not arrive even after the promised timeline.  They informed that the spare part has been despatched from the warehouse and it will reach to the service centre within 4 days.  But after another 3 more days, the spare part did not arrive.

5.  On the 14^th December, complainant got a call from 2^nd opposite party requesting him to send his ‘mi account id’ and purchase bill for replacing the product with a new one.  The 2^nd opposite party   told that he will receive a voucher in ‘mi store’.  With  that voucher, he can buy a replacement device.  Complainant provided the technician of 2^nd opposite party with the same, but no voucher was credited after 2 days.  He contacted the technician and he told that the replacement was cancelled as there is no stock of the same product in ‘mi store’.                                                                                                                            (cont....3)

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6.  So, the complainant took back the phone without repair from 2^nd opposite party on 16^th December.  1^st opposite party rejected the warranty saying that physical damage is not covered under warranty, the job sheets also states that there is physical damage.

Hence this complaint is for getting reliefs from opposite parties on the deficiency in service and unfair trade practice.

Complainant prayed following reliefs ;-

1. Full refund of the product.
2.  Compensation of Rs.3 lakhs for mental agony, travel expenses time and court procedures.

 Notice served from this Commission.  Opposite parties did not appear before the Commission and they have not filed written version.  Hence  complainant was permitted to proceed further and give evidence.

First complainant has filed proof affidavit and he was examined as PW1.  He has produced 7 documents.  These documents were marked as Exts.P1 to P7 respectively.  Ext.P1 is purchase invoice dated 4.10.2020.  Ext.P2 is first job sheet dated 19.11.2020.  Ext.P3 is second job sheet dated 26.12.2020.  Ext.P4 is third job sheet dated 24.2.2021.  Ext.P5 is inspection report dated 4.3.2021.  Ext.P6 is screenshot of overheating temperature in phone and Ext.P7 is e-mail communication dated 29.10.2020.

     The point which arises for consideration is that whether there is any deficiency in service from the part of these opposite parties, and if so, for what relief is complainant entitled to ?

     The POINT :-  We have heard complainants and have perused records.  It is seen as per Ext.P1 that the complainants have purchased MI 10 (Coral Green 256 GB) mobile phone worth Rs.49,490/- on 4.10.2020.  The allegations in complaint are proved by other exhibits.  It is evident that the phone was not properly functioning from the date of purchase itself.  We have understood that                                                                                                             (cont....4)

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there is manufacturing defect for the alleged phone.  Hence opposite parties are liable to compensate the complainant.  We are of the considered view that complainant has right to get reliefs from opposite parties.

Hence complaint is allowed.  1^st opposite party is directed to refund the price of the product Rs.49,490/- with interest at the rate of 12% from the date of purchase till the date of payment and also directed to pay Rs.10,000/- as compensation and Rs.3,000/- as cost of the proceedings to complainant. 

Pronounced by this Commission on this the   28^th day of September, 2021

                                                                                  Sd/-

                                                         SMT. ASAMOL P., MEMBER

 

                                                                                 Sd/-

 SRI. C. SURESHKUMAR, PRESIDENT  

 

                                                                                                      Sd/-

SRI. AMPADY K.S., MEMBER

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                                                                                                                                                                                                                     (cont....5)

-  5 - 

APPENDIX

 

Depositions :

On the side of the Complainant :

PW1               -    Justin Jose.

On the side of the Opposite Party :

Nil.

Exhibits :

On the side of the Complainant :

Ext.P1            -    is purchase invoice dated 4.10.2020. 

Ext.P2           -   first job sheet dated 19.11.2020. 

Ext.P3           -   second job sheet dated 26.12.2020.

Ext.P4           -   third job sheet dated 24.2.2021. 

Ext.P5           -   inspection report dated 4.3.2021. 

Ext.P6           -   screenshot of overheating temperature in phone.

Ext.P7           -   e-mail communication dated 29.10.2020.

On the side of the Opposite Party :

Ext.R1         -   Nil.

 

 

                                                                        Forwarded by Order,

 

 

                                                                      SENIOR SUPERINT