Kerala

Thiruvananthapuram

CC/240/2022

Ranjith V - Complainant(s)

Versus

Yasar - Opp.Party(s)

31 Oct 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

 

PRESENT

   SRI.P.V.JAYARAJAN               : PRESIDENT

SMT.PREETHA .G.NAIR           : MEMBER

SRI.VIJU.V.R                           : MEMBER

 

CC.NO.240/2022 (Filed on: 16/06/2022)

ORDER DATED: 31/10/2022

 

COMPLAINANTS

1. Ranjith.V

S/o.Vasudevan Nair,

Chaluvila veedu, Mahadevswaram,

Kilimanoor.P.O, Pazhayakunnummel village,

Chirayinkeezhu Taluk, Thiruvananthapuram,

Pin – 695601

 

2. Rejin.R, S/o.Renjith,

Chaluvila veedu, Mahadevswaram,

Kilimanoor.P.O, Pazhayakunnummel village,

Chirayinkeezhu Taluk, Thiruvananthapuram,

Pin – 695601

(By Adv.Sasikumar.C)

                                                VS

OPPOSITE PARTY

Yasar,

Proprietor,

Dubai Mobiles Sales and Service,

Dubai Mobiles and Readymades,

1.14/767, Market Road, Kilimanoor.P.O

Chirayinkeezhu Taluk, Thiruvananthapuram -695601

ORDER

SMT.PREETHA.G.NAIR  :MEMBER

1.       The first complainant is the father of second complainant, who is a student. He was in need of a smart phone for attending his online classes. The complainants purchased a smart phone under the brand name ONEPLUS NORD CE-2 GREY MIRROR from the retail shop of the opposite party on 02/03/2022 by paying an amount of Rs.24,999/-. On the same day, when the phone was put on charging, it was noticed that it has certain defects of overheating and drainage of battery. The first complainant informed the opposite party over telephone about the defect and as per his direction the phone was returned to the shop on the very next day morning. The product has a limited warranty period of 1 year for free service and a warranty period of 7 days for replacement from the date of purchase, ie 02/03/2022, which was also promised by the opposite party at the time of purchase. As per warranty, if the device is defective, it has to be replaced by a brand new ONEPLUS device which would be the exact model that was returned. Even though the opposite party received back the phone, admitting that it has certain mechanical defect he was not ready to replace it, get it repaired or a refund of price. Aggrieved by the inaction and unfair trade practice by selling a defective product by the opposite party, the complainants constrained to file a complaint before the S.H.O of Kilimanoor police. Even though the police called and directed the opposite party for refund, he was not ready for that. It is only after the direction of the police, the opposite party was ready to issue a receipt for the return of the product and it is in the form of a letter dated 09/03/2022. In the letter, it is stated that, the heating problem was resolved. It was not correct that the complainants noticed the same problem of overheating was persisting and it became harmful to our life. The first complainant send a legal notice dated 14/03/2022, to the opposite party. They did not replied till date. Hence this complaint.

2.       After accepting the notice the opposite party was absent. Hence opposite party set exparte. Complainant filed proof affidavit and documents. Exts.P1 to P7 marked.

3.       Issues to be considered are :-

1. Whether there is any deficiency in service on the part of the opposite party?
2. If so what is the relief and cost.

4.       Issues I & II

We perused relevant documents on record. Ext.P1 is the bill which shows that the price of the one plus phone was RS.24,999/-. Ext.P2 is the copy of complaint given to the SHO, Kilimanoor Police station. Ext.P3 is the letter given by the opposite party. Ext.P4 is the copy of legal notice issued to opposite party. Ext.P5 is the acknowledgment card. Ext.P6 is the complaint given to Deputy Superintendent of Police, Kilimanoor. Ext. Ext.P7 is the copy of letter given to the President Vyapari Vyvasai Ekopana Samithi.

5.       As per Ext.P1 the complainant had purchased the mobile phone from opposite party. As per Ext.P3 is the letter given by the opposite party stating that customer has returned the product due to some heating issues. The heating issue was resolved and the phone was returned. So the opposite party admitted the defect of overheating. The complainant stated that he informed the opposite party over telephone about the defect and the phone was returned to the shop on the very next day of purchasing the phone. The opposite party had not produced evidence to disprove the case of complainant. The case of the complainant was unchallenged.

                  In view of the above discussions, we find that the act of opposite party amounts to deficiency in service.

                  In the result, complaint is allowed. We direct the opposite party to refund Rs.24,999/- as the price of mobile phone and pay Rs.10,000/- as compensation and pay Rs.2500/- as cost of the proceedings. , failing which the amount except cost shall carry an interest at the rate of 9% per annum from the date of order till the date of realization / remittance. 

                 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 31^st day of October 2022.

 

                                                                                Sd/-

P.V.JAYARAJAN     : PRESIDENT

 

 

                                                                                     Sd/-

PREETHA .G.NAIR    : MEMBER

 

 

                                                                                           Sd/-

VIJU.V.R     : MEMBER

 

 

 

 

 

 

 

Be/

APPENDIX

CC.NO.240/2022

 

List of witness for the complainant

 

PW1                      - Renjith.V

 

List of Exhibits for the complainant

 

Ext.P1                   - Copy of bill dated 02/03/22 issued in the name of Rejin

Ext.P2                   - Copy of complaint dated 08/03/22 submitted before the S.H.O, Kilimanoor with copy of acknowledgement

Ext.P3                   - Copy of acknowledgment letter dated 09/03/22

Ext.P4                   - Copy of complaint dated 16/05/22 submitted to the

                             President, Vyapari Vyvasai Ekopana Samithi.

Ext.P5                   -Copy of legal notice dated 14/03/2022 with acknowledgment card

Ext.P6                   - Copy of complaint dated 28/05/2022 submitted to the DYSP of Police, Attingal.

Ext.P7                   - Copy of letter dated 16/05/22

 

List of witness for the opposite party          – NIL

 

List of Exhibits for the opposite party         - NIL

 

Court Exhibits                                            - NIL

 

 

 

 

 

 

 

 

 

 

 

                                                                                               Sd/-

PRESIDENT