DATE OF DISPOSAL: 01.05.2024

PER:  SRI SATISH KUMAR PANIGRAHI, PRESIDENT

            The complainant has filed this Consumer complaint Under Section 35 of the Consumer Protection Act, 2019 for deficiency in service and unfair trade practice recorded by the O.Ps and prayed to grant following reliefs:-

(A) To hold O.Ps on guilty of commission of selling defective mobile handset.

(B) To direct O.Ps to refund Rs.10,800/- i.e. cost of mobile along with interest.

( C ) To direct O.Ps to pay compensation of Rs.2,00,000/-.

(D) To direct O.Ps to pay litigation cost of Rs.20,000/-.

(E) For such other and further relief as this Hon’ble Commission may deem fit and     proper in the nature and circumstances of the case.

              2. The complainant purchased the mobile phone Xiaomi Redmi 9 power 4G 64 GB electric green given with order dated 02.11.2021 for sum of Rs.12,000/- and after deduction the complainant paid Rs.10,800/- through “TATA CLIQ” bearing invoice No.B76824211102A003 dated 02.11.2021, order No.211102-015-682466, IMEI No,.861269059999218 from one Anuradha Mobiles Pvt. Ltd, Ahamadabad-380015. After using for some time, the mobile stop functioning for following reasons:- resound during voice calling, the caller to the phone will receive echo and resound dure9ing voice calling, no ringing sound while calling etc. To rectify the defect, the complainant approached O.P.No.3 on 18.12.2021. And thereafter the complainant approached the O.P.No.3 several times in different dates but no avail. Due to such defects in the mobile phone set, professional and personal work of the complainant being retired lecturer was affected. To avoid such untoward problems, the complainant purchased another mobile in the month of October 2022. The complainant in different dates demanded to the O.Ps to refund of the amount for the above defective and outdated hand set through email and twitter account but all the O.Ps paid deaf ear. When nothing materialize, the complainant issued legal notice dated 30.11.2022 to all the Opposite Parties on dated 01.12.2022. But on receipt of legal notice, except O.P.No.1 & 2 the O.P.No.3 managed to return the notice to the complainant. Being aggrieved   the complainant knocked the door of the Commission for redressal of above grievance.

            3. Admitting the complaint, the Commission issued the notice to all the Opposite Parties vide letter No. 173 dated 10.04.2023 and AD card of notices returned to the Commission after duly served. However all the Opposite Parties neither appeared nor filed their written version respectively. The Commission declared the Opposite Parties as exparte on 16.08.2023. 

            4. On the date of hearing the counsel for the complainant was present and the Commission heard at length on the point of issues. The Commission further perused the complaint, evidence and written argument. It is revealed that, the Opposite Parties failed to provide services to the complainant since 18.12.2021. And even the O.Ps did not turn up to provide appropriate services during warranty period when complainant approached through email, twitter and legal notice. It speaks volumes against all the O.Ps. The Opposite Parties deliberately rendered deficient of services and done unfair trade practices. In view of the sole testimony of the complainant, the Opposite Parties did not challenge the complaint at all.

            Resultantly, the Commission allowed the complaint against all the Opposite Parties. The O.Ps are jointly and severally liable to refund the costs of the mobile of Rs.10,800/- along with liable to pay compensation of Rs.50,000/- and litigation cost of Rs.10,000/- to the complainant within 45 days from the date of receipt of the order.  In the event of non-compliance of the above order, the complainant is at liberty to recover all the above dues from the opposite parties which shall carry 12% pa from the date of filling of the case i.e., 10.02.2023 in accordance to the Consumer Protection Act, 2019.

This case is disposed of accordingly.

The Judgment be uploaded on the www.confonet.nic.in for the perusal of the parties.

A certified copy of this Judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019.

The file is to be consigned to the record room along with a copy of this Judgment.

Pronounced on 01.05.2024