IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM

Dated, the 29^th day of July,  2022.

Present:  Sri. Manulal V.S. President

Smt. Bindhu R.  Member

Sri. K.M. Anto, Member

C C No. 47/2022 (Filed on 04-03-2022)

Petitioner                                            :         Ben Jo Kuriakose,

                                                                   Kakkanattukalayil,

                                                                   Thellakom P.O.

                                                                   Kottayam – 686630

                                                                             Vs.

Opposite party                                   : (1)    Managing Director,

Xiomi Technology India Pvt. Ltd.,

8^th Floor, Tower -1,

Umia business bemaratha parally,

Surjapurpur, Bangalore,

Karnataka – 560103.

                                                             (2)  Manager,

                                                                   S.P.M Technologies,

                                                                   1^st Floor, Pulickal Trade Centre,

                                                                   Nagampadom, Kottayam – 686006                                                                        

O  R  D  E  R

Sri. K.M. Anto, Member

       The complaint is filed under Section 35 of the Consumer Protection Act, 2019.

          The brief facts of the complaint is as follows.

          The complainant had purchased a Poco X3 Pro mobile phone on                    20-05-2021.  The phone was found faulty on 10-02-2022 and was given to the service center for repair.  The phone was under warranty period.  But the opposite parties were not willing to do the repair works of the phone under warranty.                             When request for a replacement or refund was made they were ready to give a phone with lower specifications only.  This was not acceptable to the complainant.  Since the opposite parties failed to rectify the defects of the phone, the online classes and study of the complainant was affected.  The act of the opposite parties is deficiency in service.  Hence this complaint is filed.

          On admission of the complaint, copy of the complaint was duly served to the opposite party.  The second opposite party appeared and filed their version.  The first opposite party failed to file their version or to appear before the Commission to defend their case.  The first opposite party was set exparte.

          The version of the second opposite party is that they were authorized service center of Xiomi Company.  The complainant had given the mobile phone for repair works.  The defects of the phone was rectified free of cost under warranty. The fact was intimated to the complainant and the company.  The authorized service centre of Xiomi company was stopped in March 2022.

          The complainant filed proof affidavit and marked documents Exts.A1 and Ext.A2.

          On the basis of the complaint, proof affidavit of the complainant and evidence adduced, we would like to consider the following points.

1. Whether there is deficiency in service on the part of the opposite parties?
2. If so, what are the reliefs and costs?

For the sake of convenience, we would like to consider Point No.1 and 2 together.

     Ongoing through the complaint, proof affidavit of the complainant and evidence on record, it is clear that the complainant had purchased Poco X3 Pro IMEI/serial No.866220051150917 online through Flipkart for a consideration of Rs.16,799/-.  The phone was not working on 10-02-2022 and the phone was given to the second opposite party’s authorized service centre of Xiaomi Company.  Ext.A1 is the Tax invoice dtd.17-05-2021 for the purchase of Poco X3 Pro mobile phone for an amount of Rs.16,799/- issued by Flipkart. Ext.A2 is the service order dtd.10-02-2022 issued by the second opposite party to the complainant for the Poco X3 Pro mobile phone with IMEI 866220051150917 online through Flipkart for a consideration of Rs.16,799/-.  The phone was not working on 10-02-2022 and the phone was given to the second opposite party authorized service center of Xiaomi Company. 

Ext.A2 is the service order dtd.10-02-2022 issued by the second opposite party to the complainant for the Poco X3 Pro mobile phone with IMEI 866220051150917 with fault description “Does not boot”.

     From the above findings it is evident that the second opposite party accepted the mobile phone from the complainant for repair on 10-02-2022.  Even though the second opposite party in its version stated that the repair of the phone was done with warranty and the fact was intimated to the complainant, no evidence is produced to prove this claim by the opposite parties.  It is clear that the opposite parties failed to rectify the defects of the mobile phone in the warranty period.  The act of the opposite parties is deficiency in service on their part.  Hence Point No.1 and 2 are found in favour of the complainant.  We allow the complaint and pass the following Orders.

1. The opposite parties are directed to rectify the defects of the mobile phone Poco X3 Pro IMEI/serial No.866220051150917 into a perfect working condition or to refund Rs.14,236/- to the complainant within 30 days of receipt of this Order.
2. The opposite parties are directed to pay Rs.2,000/- as compensation for the mental agony and sufferings with cost Rs.1,000/-.

The Order shall be complied within 30 days of receipt of this Order.If not complied as directed, the amounts will carry 9% interest from the date of Order till realization.

Pronounced in the Open Commission on this the 29^th day July, 2022.

Sri. K.M. Anto, Member                  Sd/-

 Sri. Manulal V.S. President             Sd/-  

Smt. Bindhu R.  Member                 Sd/-

Appendix

Exhibits marked from the side of complainant

A1 – Service Order

A2 –Tax invoice

Exhibits marked from the side of opposite party

Nil

                                                                                                By Order

                                                                              Assistant Registrar