By Smt. PREETHI SIVARAMAN.C, MEMBER
The complaint in short is as follows:-
1. Complainant purchased Nokia 105 Single SIM , Keypad Mobile phone with
wireless FM Radio/Charcoal mobile phone worth Rs. 1,299/- from opposite party through Amazon. But after charging the mobile phone, complainant called twice and in between the phone became switched off . Moreover the charge of the phone was completely drained off. Then complainant approached the authorised Nokia Service centre at Calicut and they told to complainant that the service is not available for mobile phones purchased through online and having warranty. They directed the complainant to contact the customer care of the above phone. Complainant sent an Email to opposite party to inform the above information to them and an agent of the Nokia Company taken away the phone from complainant's custody.
2. After few days, they returned the phone to complainant without battery and charger and complainant purchased another battery and charger of Nokia Company from a shop. Then also the same charging problem was persist. Complainant again sent an Email to inform the above defects of phone to opposite party, but no steps taken by the company. They did not rectify the defect of the phone or replace the phone with a defect free phone or even not replied for the mail sent by complainant. It is a clear deficiency in service or unfair trade practice from the side of opposite party. Due to the act of opposite party complainant suffered a lot. Hence this complaint.
3. The prayer of the complainant is that, she is entitled to get compensation on account of deficiency in service and unfair trade practice on the part of opposite party 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 to opposite party No.1 returned stating refused. Hence opposite party No.1 called absent set exparte. Notice to opposite party No.2 returned stating “insufficient address not known”. Hence posted for steps against opposite party No.2. Thereafter on 07/08/2024 complainant filed one IA 663/2024 to delete opposite party No.2 from the array of opposite parties and that petition allowed and opposite party No.2 deleted as per order in IA 663/2024 from CC/539/2023.
5. In order to substantiate the case of the complainant, she filed an affidavit in lieu of Chief examination and the documents she produced were marked as Ext. A1 and A2. Ext.A1 is the copy of delivery challan. Ext.A2 is the copy of Tax invoice dated 10/05/2023.
6. Heard the complainant and perused the affidavit and documents filed by complainant. The allegations against opposite party is proved by the unchallenged evidence of complainant. There is no contra evidence in this matter. Moreover complainant produced two documents which are very supportive to prove her case. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite party as alleged in the complaint. Hence we allow this complaint holding that opposite party is deficient in service.
7. We allow this complaint as follows:-
- The opposite party is directed to pay compensation of Rs. 10,000/- (Rupees Ten thousand only) to the complainant on account of deficiency in service on the part of opposite party and thereby caused mental agony, physical hardships and sufferings to the complainant.
- The opposite party is also directed to pay Rs.2,000/-(Rupees Two thousand only) to the complainant 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 25th day of October, 2024.
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1 & A2
Ext.A1 : Copy of delivery challan.
Ext.A2 : Copy of Tax invoice dated 10/05/2023.
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
