Date of filing:  25.03.2022                                            Date of Disposal: 22.05.2023

 BEFORE THE III ADDITIONAL BANGALORE URBAN

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,     BENGALURU – 560 027.

DATED THIS THE 22^nd DAY OF MAY, 2023

CONSUMER COMPLAINT NO. 68/2022

PRESENT:

SRI.RAJU K.S,

SMT.REKHA SAYANNAVAR,:MEMBER

Mr.Bheemappa Bandikeri,

R/at: No.56, Shri Surachitha

Nilaya, 5^th Cross, Puttamuniswamappa

Layout, Kalkere, Horamavu Post,

Bangalore, Karnataka-560043.

- V/s -

M/s. Maxbhi.com,

No.88, Novyug Market,

Uttar Pradesh,

Rep. by authorized Signatory.

(Notice served – Absent)

//JUDGEMENT//

BY SRI. RAJU K.S, MEMBER

01.    The complainant has filed this complaint under Section-35 of Consumer Protection Act, 2019 seeking for a direction to the opposite party to refund the amount with compensation of Rs.1,00,000/- and litigation cost of Rs.25,000/-.

02.    The case of the complainant is that, the complainant had purchased LCD Touch Screen for Vivo V-19 Black (Display Glasses combo folder) vide order ID No.4212114, dated: 21.01.2022 by paying Rs.6,389/-.  After receiving the above display glass the complainant came to know that, the product sent by the opposite party is not an original one.  Further the product did not support finger print for Vivo V-19 mobile.  Since the screen was locked, the complainant was unable to unlock the screen without finger print facility and it caused mental trauma to the complainant.  Due to this faulty product the complainant was unable to receive phone calls immediately in the locked screen.  Further the complainant came to know that, the product is local one and price will be Rs.1,800/- only. 

03.    After knowing the product was defective one, the complainant contacted opposite party to replace the product or to refund the money, but the opposite party refused to replace and return the money since the product has already been installed in the mobile.  Efforts of the complainant with regard to refund of the money or to replace the product by email correspondence, via messages and phone calls has become futile.  The opposite party was not ready to replace or refund money.  Thereby the opposite party caused deficiency of service and failed to provide pious obligation to provide service with regard to the promised item.  Hence the opposite party is liable under deficiency of service and unfair trade practice to the complainant. 

04.    The notice sent by this commission is duly served to the opposite party on 07.04.2022.  In-spite of service of notice the opposite party remained absent and not chosen to appear or to file the version.

05.    Based on pleadings and documents the points that would arise for consideration are as under:-

  (1) Whether the complainant has proved deficiency in service on the part of the opposite party?

  (2) Whether the complainant is entitle for the 

    relief as sought ?

       (3) What order ?

06.    Our findings on the aforesaid points are as follows:-

Point No.1 :  In negative

Point No.2 :  In negative

Point No.3 :  As per the final order for the following:-

REASONS

07. POINT NO.1 & 2:-  To avoid the repetition of facts of the complaint we have discussed point No.1 & 2 together.  The complainant had filed this complaint for the alleged deficiency of service by the opposite party, in refusing to refund the money or to replace the product purchased by the complainant.  The main allegation of the complainant is that, the complainant purchased LCD Touch Screen for his Vivo V-19 Black (display glass combo folder) vide order ID No.4212114, dated: 21.01.2022 by paying Rs.6,389/-.  After receiving of the above display glass the complainant came to know that, the product sent by the opposite party is not original one.  Further the product did not support finger print for Vivo V-19 mobile.  Since the screen was locked the complainant was unable to unlock the screen without finger print facility and it was caused mental trauma to the complainant.  Due to this faulty product, the complainant unable to receive phone calls immediately in the locked screen.  Further later on the complainant came to know that, the product is local one and price will be Rs.1,800/- only. 

08.    To substantiate the allegations made in the complaint the complainant has not filed his affidavit evidence and documentary evidence as contemplated under Section 38(6) of Consumer Protection Act, 2019.  Since from the filing of the complaint till date the complainant neither appeared nor filed his affidavit in the form of his evidence as contemplated under the law.

09.    Section 38(9) of Consumer Protection Act, 2019 contemplates that, the District Commission shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, while trying a suit in respect of receiving of evidence on affidavits.   The complainant shall tender his sworn affidavit evidence by entering in to witness box.  Same has not been followed by the complainant in the present complaint.  The complainant had failed to prove the burden casted on him.  In view of the above, the complainant has failed to prove the deficiency of service on the part of the opposite party as alleged.  Accordingly, we answer point No.1 & 2 in negative.

10.    POINT NO.3:-     As discussed supra, for the foregoing reasons we proceed to pass the following:-

ORDER

The complaint is dismissed.  No order as to costs.

Supply free copy of this order to both the parties and return extra copies of the pleading and evidence to the parties.

Applications pending, if any, stands disposed-off in terms of the aforesaid judgment.

(Dictated to the Stenographer, typed by him, the transcript corrected, revised and then pronounced in the open Commission on 22^nd Day of May, 2023)                                            

• REKHA SAYANNAVAR)    (RAJU K.S)         (SHIVARAMA. K)    
•  

//ANNEXURE//

Witness examined for the complainant side:

• NIL -

Documents marked for the complainant side:

• NIL -

Witness examined for the opposite party side:   

• NIL –

Documents marked for the Opposite Party side:

• NIL -

• REKHA SAYANNAVAR)    (RAJU K.S)         (SHIVARAMA. K)    
•