D.O.F:22/09/2022

                                                                                                     D.O.O:21/09/2023

IN THE CONSUMER DISPUTES  REDRESSAL COMMISSION, KASARAGOD

CC.235/2022

    Dated this, the 21^st day of September 2023

PRESENT:

SRI.KRISHNAN.K                          : PRESIDENT

SMT.BEENA.K.G                               : MEMBER

Badaruddeen A.K.

Kadavath House Mogral

671321, Kasaragod.                                                                                  : Complainant

And

Xiaomi Technologies Pvt. Ltd.

Ground Floor, AKR iInfinity SY No.113,

Krishna Reddy Industrial Area

7^th Mile, Hosur Road

Bangalore, 560068.                                                                                  : Opposite Party

ORDER

SMT.BEENA.K.G : MEMBER

            The facts of this case is that the complainant purchased a mobile phone of Xiaomi company(POCO X2 6 GB 128 GB ) from Flipkart on 04/08/2020 for Rs.18,499/-.  Soon after the warranty period, the company updated the software of the phone which caused stopping of the camera of the phone.  Thereafter, the touch screen stopped functioning.  On enquiry it is revealed that after the updation of software of the phone, all POCO X2 variants are facing same problem.  The complainant contacted the customer care, and as per their suggestion the phone is taken to the service center.  After examination they informed that, mother board of the phone is defective and it has to be replaced, for which an amount Rs. 8,700/- is required.  The company does not provide free service or discount.  The attitude of opposite party caused loss and mental agony to the complainant.  Hence the complainant is seeking replacement of the mobile phone with compensation and cost. 

            Notice to opposite party returned stating not known.  Notice is again sent to the fresh address furnished by the complainant and it is served.  Name of opposite party called absent set exparte.

            The complainant filed proof affidavit in lieu of chief examination, the documents produced are marked as Ext. A1 to A3.  Ext. A1 is the tax invoice, Ext.A2 is the tweet between complainant and service center, Ext. A3 is the Email communication between complainant and the company.  The issues raised for consideration are:-

1. Whether there is any deficiency in service or unfair trade practice on the part of opposite party?
2.  Whether the complainant is entitled for relief?
3. If so, what is the relief?

For convenience, issues No. 1 to 3 can be discussed together.  The complainant purchased a mobile phone of Xioami company for Rs. 18,499/-.  After the warranty period itself, the phone faced many issues.  Updation of the software by the company caused defects in motherboard of the mobile phone.  The customer care demanded Rs. 8,700/- for replacement of the motherboard.  On enquiry, the complainant came to know that the customers of X2 varient phone of Xiaomi company are facing many issues. Ext. A2 is the tweet between the complainant and service center, proves the phone is having manufacturing defect. In the absence of rebuttel evidence, complainant’s case stands proved.  Demanding huge amount (Rs. 8,700/-) for changing the motherboard is illegal as the defect caused due to the updation of the software by the company.  So, the company is bound to replace the phone.  Complainant’s documents Ext. A1 to A3 proves that there is deficiency in service and unfair trade practice on the part of Xiaomi company.  Due to the updation of the software by Xiaomi company, the company cheated the entire customers.  The complainant is there by suffered huge loss and mental agony.  The loss and agony undergone by the complainant has to be compensated.  The prayer of the complainant is to replace the phone with a compensation of Rs. 10,000/- and cost.  Considering the facts and circumstances of this case the commission holds that the complainant is entitled for replace of the phone with compensation and cost.  An amount of Rs. 5,000/- is a reasonable compensation in this case. 

      In the result, complaint is partly allowed directing the opposite party to replace the complainant’s defective phone with a defect free phone along with compensation of Rs. 5,000/-(Rupees Five thousand only) and a cost of Rs. 3,000/-(Rupees Three thousand only) to the complainant within 30 days of receipt of copy of this order.

     Sd/-                                                                                                                   Sd/-

MEMBER                                                                                                      PRESIDENT

Exhibits

A1 - Tax invoice

A2 – Tweet between complainant and service center

A3 – Email communication

     Sd/-                                                                                                                   Sd/-

MEMBER                                                                                                      PRESIDENT

Forwarded by Order

                                                                                    Assistant Registrar

JJ/