By Smt. PREETHI SIVARAMAN.C, MEMBER
Case of the complainant
1. On 24/06/2021 complainant had ordered a Redmi Note 10 Pro Max dark night 6GB RAM 128 GB ROM worth Rs.19,999/- through MI mobile application . He had paid the cash at the time of delivery of the product. But the phone regularly switched off and the problem of hanging of the phone also found within a few days. Then on 23/06/2022 complainant approached MI service centre and serviced the phone. On 01/07/2022 the service centre changed the mother board of the phone and gave to complainant. On 26/08/2022 again the mobile phone got switched off and thereafter the phone is not able to switch on by the complainant. Then on 26/08/2022, complainant again approached the MI service centre and informed them about the defect of the phone but opposite party No.2 denied the free service of the phone. Then they said that they will rectify the defect of complainant's phone by replacing the old mother board by changing with a new one worth Rs.11,916. 82/- having three months warranty. Due to the defective service of the MI service centre the mother board of complainant’s mobile phone became dead within 57 days of its purchase.
2. The handset worth Rs.19,999/- purchased by complainant got defective within one year and the changed mother board also got defective within 57 days of its purchase . Complainant alleged that the defect of the mobile phone is a manufacturing defect. There is clear deficiency of service and unfair trade practice on the part of opposite parties. Hence this complaint.
3. The prayer of the complainant is that, he is entitled to get Rs. 1,00,000/- as compensation on account of deficiency in service and unfair trade practice on the part of opposite parties and thereby caused mental agony, physical hardships and sufferings to the complainant and cost of the proceedings.
4. On admission of the complaint notice was issued to the opposite parties and notice served on them and they did not turn up. Hence opposite parties set exparte.
5. In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and the documents he produced were marked as Ext. A1 to A5. Ext.A1 is the copy of the tax invoice given by opposite party No.1 to complainant on 24/06/2021, Ext.A2 is the copy of service order given by opposite party No.2 to complainant on 23/06/2022, Ext.A3 is the copy of service record given by opposite party No.2 to complainant on 25/06/2022, Ext.A4 is the copy of the service order given by opposite party No.2 to complainant on 26/08/2022 , Ext. A5 is the copy of service record given by opposite party No.2 to complainant regarding the return of the mobile phone to complainant due to the reason that they are unable to repair the mobile on warranty .
6. Heard the complainant and perused the affidavit and documents filed by complainant. The allegations against opposite parties are proved by the unchallenged evidence of complainant. There is no contra evidence in this matter. Moreover complainant produced five documents which are very supportive to prove his case. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite parties as alleged in the complaint. Hence we allow this complaint holding that opposite parties are deficient in service.
We allow this complaint as follows:-
- The opposite parties are directed to pay compensation of Rs.20,000/- (Rupees twenty thousand only ) to the complainant on account of deficiency in service on the part of opposite parties and thereby caused mental agony, physical hardships and sufferings to the complainant.
- The opposite parties are also directed to pay Rs.5,000/- (Rupees five thousand only) as cost of the proceedings.
If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite party is liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
Dated this 27th day of April, 2023.
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A5
Ext.A1 : Copy of the tax invoice given by opposite party No.1 to complainant on
24/06/2021
Ext.A2 : Copy service order given by opposite party No.2 to complainant on 23/06/2022
Ext A3 : Copy of service record given by opposite party No.2 to complainant on
25/06/2022,
Ext A4 : Copy of the service order given by opposite party No.2 to complainant on
26/08/2022 ,
Ext A5 : Copy of service record given by opposite party No.2 to complainant regarding
the return of the mobile phone to complainant that they are unable to repair the
mobile in on warranty
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
