The complainant had purchased a Datawind tablet on 18/10/15 through online from opposite party No.1. When it was received it was seen like a used tab and further there was no proper sound also. When the complainant contacted the company they directed him to entrust the tab with the service centre. On 7/12/15 it was given for service and he was directed to enquire after one month . A receipt was also issued in his favour.
Thereafter one month, the complainant approached the opposite party No.3 and they informed him that the tab was not received from the company. Thereafter several times the complainant contacted opposite party No.3 for getting the same. But there was no response from their side and hence caused this complaint.
Opposite parties set exparte.
Complainant filed chief affidavit and Ext. A1 and A2 are marked. Ext. A1 is the customer details dated 7/12/15 and Ext. A2 is the E Bill No.5657. Heard the complaint and perused records. The value of the tablet is proved by Ext. A2. The Ext. A1 ie the receipt issued from the service centre (Opposite party No.3) which shows the defects of the tab. It also proves that within 3 months of the purchase itself the set became defective. By supplying a defective tab all opposite parties committed clear deficiency in their service.
Since there is no contra evidence, the case of the complainant has been proved and we are passing the following orders.
This complaint is allowed and the opposite parties shall pay Rs.5398/- (Five thousand three hundred and ninety eight only) to the complainant being the value of the tab, Rs.10,000/-(Ten thousand only) as compensation for mental agony and hardships suffered by him and Rs.2500/- (Two thousand five hundred only) as cost of this proceedings.
The liabilities of the opposite parties shall be jointly and severally.
This order shall be complied within one month from the date of receipt of the copy of this order, failing which, the complainant is entitled to get 12% interest upon the said amount from the date of receipt of the copy of this order.
Dated this 31st day of January, 2017.
A.A.VIJAYAN, PRESIDENT
R.K.MADANAVALLY , MEMBER
MINI MATHEW, MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1 and A2
Ext.A1 : Customer details.
Ext.A2 : E Bill No.5657.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
A.A.VIJAYAN, PRESIDENT
R.K.MADANAVALLY , MEMBER
MINI MATHEW, MEMBER
