Kerala

Thiruvananthapuram

CC/262/2022

Anandhu R M - Complainant(s)

Versus

Xiaomi Technology India (P)ltd - Opp.Party(s)

30 Nov 2022

ORDER

        BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD THIRUVANANTHAPURAM

 

PRESENT

 

                                    SRI.P.V.JAYARAJAN        : PRESIDENT

       SMT.PREETHA.G.NAIR    : MEMBER

                                    SRI.VIJU.V.R.                 : MEMBER

CC.NO.262/2022 (Filed on : 30/06/2022)

ORDER DATED : 30/11/2022

COMPLAINANT

Anandu.R.M,

S/o.Ravindran.V,

Rohini, Ottukuzhi,

Vilappilsala.P.O

Thiruvananthapuram- 695 573

 

(Party in person)

 

VS

OPPOSITE PARTY

 

Xiaomi Technology India Pvt Ltd,

EMBASSY TECH VILLAGE-1,

Embassy Tech Village 1 Block-E Orchid,

Devarabisanahalli, Bellandur, Bengaluru,

Karnataka – 560 103

(Exparte)

ORDER

SRI.VIJU.V.R                 :MEMBER

 

1.       The complainant has presented this complaint before this Commission under section 35 of the Consumer Protection Act 2019, alleging that he had purchased a POCO X3 pro mobile phone. The mobile phone during the warranty period has become non-functioning. The complainant contacted the service centre & they informed him that the mother board has got damaged & it is not possible to repair. The service centre has offered an alternate mobile phone of Redmi Note 10 pro having 6GB RAM & 128GB storage space to the complainant. But the mobile phone which is offered by them was a low end model of lesser value compared to the mobile phone of the complainant. The act of opposite party amounts to unfair trade practice and deficiency of service, hence this complaint.

2.       Even though the opposite party received notice; the opposite party did not appear before this commission and opposite party was set exparte and the case was posted to 10/11/2022 for orders. On 10/11/2022 opposite party appeared before this Commission and submitted that they have filed vakalath, petition to setaside the exparte order and version on 07/11/2022. Since the case was already taken for orders, the petition for setting aside the exparte order (IA 640/22) filed by the opposite party was dismissed.

Issues to be ascertained:

1. Whether there is any deficiency in service from the side of opposite party?
2. Whether the complainant is entitled to get the reliefs?

Issues (i) and (ii)

The complainant had filed affidavit in-lieu of chief examination and has produced three documents which were marked as Exts. A1 to A3. It is evident from Ext A1 that the complainant had purchased a POCO X3 Pro mobile phone for Rs 12544/-(Rupees. Twelve thousand five hundred and forty four only) & also it can be seen from Ext A2 that the complainant has given his mobile phone for repair. So it is clear that the complainant’s mobile phone was having some problems which were not rectified by the opposite party. The opposite party did not turn up.  Hence the deposition of the complainant stands unshaken and there is nothing to rebut the evidence putforth by the complainant to the complainant.  The opposite party is bound to service the mobile phone. But they haven’t done that. From the documents produced by the complainant, we find that the complainant has succeeded in proving his case & there is deficiency in service from the side of opposite party. Hence the opposite party is liable to compensate the complainant.

        In the result, the complaint is allowed.  The opposite party is directed to give a new mobile phone to the complainant which meets the same specifications of POCO X3 pro model and pay Rs.5,000/- as compensation to the complainant for the mental agony suffered by the complainant and pay Rs.2,500/- towards the cost of the proceedings within one month from the date of receipt of this order failing which the entire amount except cost carries interest @ 9% per annum from the date of order till realisation.

                      A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

                Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Commission, this the 30^th day of November 2022.

 

                                                                                              Sd/-

P.V.JAYARAJAN   : PRESIDENT

 

                                                                                                  Sd/-

  PREETHA .G.NAIR: MEMBER

 

                                                                                                       Sd/-

VIJU.V.R     : MEMBER

 

 

 

 

 

 

 

Be/

APPENDIX

CC.NO.262/2022

List of witness for the complainant

PW1                      - Anandhu.R.M

Exhibits for the complainant

Ext.P1                   - Copy of tax invoice

 

Ext.P2                   - Copy of service order

 

Ext.P3                   - Copy of grievance details

 

 

List of witness for the opposite party - NIL

 

Exhibits for the opposite party          - NIL

 

 

 

 

 

                                                                                           Sd/-

                                                                                      PRESIDENT