By Sri. MOHANDASAN.K, PRESIDENT
1. The complainant placed an order for Redmi Ear bud 2C BLACK product worth Rs.999/- on 05/12/2021 through online as per order No.5211205400510563. On 07/12/2021 that product was delivered to the complainant. While the complainant opened the product box there was only one ear bud against two ear bud. The sole ear bud was not working also. The complainant registered complaint calling customer care. Then the complainant was called back from customer care and demanded photos of product, invoice, packing cover to send through email. The complainant send all the documents on 08/12/2021 itself. On 13/12/2021 they sent a letter stating that replacement is not possible. The complainant again contacted opposite party on 30/12/2021 and the reply was that the replacement is not possible. Aggrieved by the act of the opposite party the complainant approached this commission with prayer for a compensation of Rs.20,000/-.
2. On admission of the complaint issued notice to the opposite party and the opposite party received notice on 08/02/2022 but not turned to appear before the Consumer Disputes Redressal Commission. Hence called him and set exparte.
3. The complainant filed filled affidavit in lieu of evidence. Documents marked as Ext. A1 to A4. Ext. A1 is copy of product invoice bill. Ext. A2 is delivery tracking details. Ext. A3 is order details. Ext.A4 is copy of email communication. Documents proved the averments in the complaint. There is no contra evidence against affidavit and documents of the complainant. Hence case of the complainant stands proved and the Commission allows the complaint as follows:-
- The opposite party is directed to refund the cost of the product Rs: 999/- to the complainant
- The opposite party is directed to pay Rs.10,000/- as compensation to the complainant on account of defective and unfair trade practice of the opposite party and thereby caused inconvenience and hardship to the complainant.
- The opposite party is also directed to pay Rs.5,000/- as cost of the proceedings.
The opposite party shall comply this order within one month from the date of receipt of copy of this order, failing which the above said entire amount will carry interest @ 12% per annum from the date of filing this complaint till realization.
Dated this 20th day of April, 2022.
Mohandasan . K, President
Preethi Sivaraman.C, Member
Mohamed Ismayil.C.V, Member
VPH
APPENDIX
Witness examined on the side of the complainant: Nil
Documents marked on the side of the complainant: Ext.A1 to A4
Ext.A1: Copy of product invoice bill.
Ext.A2: Delivery tracking details.
Ext A3: Order details.
Ext A4: Copy of e mail communication.
Witness examined on the side of the opposite party: Nil
Documents marked on the side of the opposite party: Nil
Mohandasan . K, President
Preethi Sivaraman.C, Member
Mohamed Ismayil.C.V, Member
VPH
