DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB          : PRESIDENT

Smt. PRIYA.S, BAL, LLB, MBA (HRM) :  MEMBER

Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER

Tuesday the 31^th day of October 2023

C.C.82/2023

Complainant

Abdul Saleem,

S/o Aboobacker,

Electronics Home,

Mathottam, Arakkinar.P.O,

Kozhikode - 673028

Opposite Parties

1.               Genearal Manager,

MYG, Door No. 28/3856 R,

Pottammal Junction,

Kozhikode - 673017

2.              The Care Manager,

HMD Mobile India Pvt. Ltd,

Asoka Estate, Flat No.814,

                        8^th Floor 24, Bharakamba Road,

New Delhi - 110001

3.               Manager,

Service Centre,MYG Care,

Door No. 28/3856 R, R1-R15,

Pttammal Junction,

Kozhikode - 673017

ORDER

By Sri. P.C. PAULACHEN  – PRESIDENT

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

2. The case of the complainant, in brief, is as follows:

On 11/11/2021 the complainant purchased one mobile hand set manufactured by the second opposite party, from the shop of the first opposite party paying Rs. 13,499/- including tax. The warranty for the product was one year. An extended warranty for one year was purchased by the complainant paying Rs. 899/- as insisted by the first opposite party. Within one year, there was display lines issue for the hand set and it could not be used. He approached the first opposite party on 02/01/2023 and as per his direction he approached the third opposite party, which is the service centre. They received the hand set and issued a job slip with remarks “display lines issue”. But after some hours, the third opposite party informed him over phone that the display was internally broken and issued another service job sheet. At the time of the entrustment of the phone for service and repairs, there was no such complaint. The opposite parties are not ready to repair the phone under the extended warranty despite repeated requests of the complainant. The hand set is still with the third opposite party. The act of the opposite parties amounts to unfair trade practice and deficiency of service. Hence the complaint to direct the opposite parties to provide him a new phone with warranty along with compensation of Rs. 50,000/-.

3. The opposite parties were set ex-parte.
4. The points that arise for determination in this complaint are;

1. Whether there was any deficiency of service on the part of the opposite parties, as alleged?
2. Reliefs and costs.

5. The complainant was examined as PW1 and Exts. A1 to A3 were marked.
6. Point No.1: PW1 has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Ext. A1 is the tax invoice dated 11/11/2021 for having purchased the mobile hand set and extended warranty, Ext. A2 is the job slip dated 02/01/2023 and Ext. A3 is the service job sheet dated 03/01/2023.
7. The evidence of PW1 stands unchallenged. The opposite parties have not turned up to file version. The opposite parties have not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant. There is no contra evidence to disprove the claim of the complainant. The complainant’s case stands proved through the testimony of PW1 and Exts A1 to A3. Gross deficiency of service on the part of the opposite parties stands proved. Considering the entire facts and circumstances, we are of the view that this is a fit case where the opposite parties are to be directed to repair the hand set of the complainant under the extended warranty. Undoubtedly, the act of the opposite parties has resulted in gross mental agony and hardship to the complainant, for which, he is entitled to be compensated adequately. Considering the entire facts and circumstances, we are of the view that a sum of Rs. 3,000/- will be reasonable compensation in this regard. The opposite parties are jointly and severally liable.
8. Point No. 2:-In the light of the finding on the above point, the complaint is disposed of as follows;

                  a) CC.82/2023 is allowed in part.

b) The opposite parties are hereby directed to service / repair the mobile hand set of the complainant under the extended warranty and return it to him in a sound working condition.

c) The opposite parties are directed to pay a sum of Rs. 3,000/- (Rupees three thousand only) to the complainant as compensation for the mental agony and hardship suffered.

 d) The order shall be complied with within 30 days of the receipt of the copy of this order.

e)  No order as to costs.

Pronounced in open Commission on this, the 31^th day of October, 2023.

Date of Filing: 02.03.2023

                              Sd/-                                                      Sd/-                                                      Sd/-

                      PRESIDENT                                           MEMBER                                         MEMBER

APPENDIX

Exhibits for the Complainant :

Ext.A1 – Tax invoice dated 11/11/2021.

Ext.A2 – Job slip dated 02/01/2023.

Ext.A3 – Service job sheet dated 03/01/2023

Exhibits for the Opposite Party

Nil.

Witnesses for the Complainant

PW1 -  Abdul Saleem (Complainant)

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True Copy,

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