DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD

Dated this the  14^th  day of  July, 2023

Present      :    Sri. Vinay Menon V., President

                  :   Sri. Krishnankutty N.K., Member                               Date of Filing:  25/11/2021     

                                                                                  CC/207/2021

Krishnaprasad,

S/o. R. Gopalankutty Menon,

Koduvayur Co-operative Urban Bank,

Main Road, Koduvayur, Palakkad.                              -                      Complainant

(By Adv. K.K.Jaideep)

                                                                                                Vs

1. Flipkart Internet Pvt. Ltd.,

Buildings Alyssa, Begonia & Clove,

Embassy Tech Village,

Outer Ring Road, Devarabheesanahalli Village,

Bangalore,  Karnataka

2. Sky Cable Industries,

VIII – Moginand, Tahsil – Nahan

Sirmour District, Himachal Pradesh – 173 030          -                       Opposite parties    (OPs  are set exparte)

O R D E R

By  Sri. Vinay Menon V., President  

1. Complainant pleads that he purchased a mobile phone of “IKall” brand on payment of Rs.6,199/- manufactured by the 2^nd opposite party through 1^st opposite party interface. Upon receipt of the same,  it was found that the mobile phone was not working. The complainant claims that the mobile phone suffers from manufacturing defect and seeks replacement of the same with a new one and for incidental and ancillary reliefs.
2.  The opposite parties, though entered appearance, failed to file their versions within the statutory period and were set ex-parte.
3. Therefore the complainant need prove only a prima facie case. 
4. Complainant took out an Expert Commission who examined the mobile phone and has filed his report stating the complaints suffered by the phone and that the mobile is not fit for use. Said report is marked as Ext.C1.  Ext.A1 proves the factum of purchase from the O.P.s. Ext. A5 proves that the complainant’s request for replacement was repudiated on 31/10/2021.
5. Thus we hold that the complainant has proved that he has a solid prima facie case. The complainant’s mobile suffers from manufacturing defect. 
6. We therefore order the opposite parties to jointly and severally 

1. Pay the complainant an amount of Rs.6,199/-  with interest @ 10% from 14/10/2021 till the date of repayment.
2. Pay the complainant Rs.25,000/- as compensation for deficiency in service.
3. Pay the complainant Rs.10,000/- as cost of this proceeding.
4. The above order shall be complied within a period of 45 days from the date of receipt of this order, failing which the opposite parties  shall pay an amount of Rs.500/ per month or part thereof as solatium to the complainant,  till date of final payment.

 7.        With the above findings and orders, this complaint stands allowed in part.

                  Pronounced in open court on this the   14^th day of July, 2023.        

                                                                                                                                  Sd/-

                                                                                                            Vinay Menon V

                                                                President

                        Sd/-

              Krishnankutty N.K.

                                                                                                                     Member

APPENDIX

Exhibits marked on the side of the complainant :

Ext.A1 – Print out of tax invoice dated 14/10/2021

Ext.A2 – Print out of email communication dated 20/10/2021

Ext.A3 –  Print out of email communication dated 21/10/2021

Ext.A4 –  Print out of email communication dated 22/10/2021

 Ext.A5 - Print out of email communication dated 31/10/2021

 Exhibits marked on the side of the opposite party: Nil

Court Exhibit: 

C1 – Commission report dated  20/04/2023

 Third party documents:  Nil

Witness examined on the side of the complainant:  Nil

Witness examined on the side of the opposite party:  Nil

 Court Witness: Nil

NB : Parties are directed to take back all extra set of  documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.