BEFORE THE BANGALORE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SHANTHINAGAR BANGALORE -  27.

CONSUMER COMPLAINT NO.232/2022

DATED ON THIS THE 24^th FEBRUARY-2023

Present:        1) Sri. B.Narayanappa

M.A., LL.B., - PRESIDENT  

                     2) Smt. Sharavathi. S.M,

                                               BA., LLB., MEMBER

ORDER’s delivered by Sri B.NARAYANAPPA,

                                                               PRESIDENT

In the month of July-2020, the complainant has purchased a Realme X2 pro phone but, in January 2022, its screen got damaged.Hence, he went to Realme Authorized Service Center to replace its original screen but, the OP told that, the stock is not available and he called Realme customer care who told him to give the handset to nearby authorized service center.But, he did not get any relevant response.He purchased the mobile for Rs.32,000/-.The service center offered to provide an amount of Rs.6,000/- for resale and asked Rs.13,000/- for replacement of screen.He contacted the OP multiple times but, the OP shown adamant attitude and not resolved the issue and he did not get refund of the amount and the OP intentionally dodging the liability which caused mental loss and mental harassment to him.Therefore, on 17.05.2022 a legal notice was caused to OP to provide service but, no response from the side of OP.Therefore, it is alleged that, there is a deficiency in service on the part of OP.Hence, this complaint.

5. our consideration are as under

1. Whether the complainant proves that the alleged deficiency in service on the part of the opposite party and thereby he is entitled to the reliefs as sought for?

2.  What order?

      Point No.1:- Partly in the affirmative.

      Point No.2:- As per final order

                         for the following:

:: R E A S O N S ::

7.         Point No.1:- It is not in dispute that, the complainant has purchased Realme X2 Pro phone in July 2020.The OP also admitted the purchase of said mobile phone by the complainant from OP.The complainant got marked Ex.P-4, the tax invoice issued by OP in the name of complainant which shows that, the complainant had purchased Realme X2 Pro Neptune phone on 24.07.2020 for Rs.31,999/- in exchange of Honor 9 Lite.Therefore, the purchase of said mobile Realme X2 Pro phone in July 2020 is stands established and in January 2022, its screen got damaged.Therefore, he went to OP for replacement of its original screen but, OP told that, stock not available.Therefore, the complainant called the customer care who told to give the mobile in the nearby authorised service centre but, they did not give relevant response and it is further contention of the complainant that, he purchased the said mobile for Rs.32,000/-.But, the OP offered Rs.6,000/- for resale and also asked the complainant to pay Rs.13,000/- for replacement of the screen for which, the complainant denied and he contacted the OP on multiple time but, no response from the OP side and the OP did not resolve the issue and the OP went on dodging the issue.Therefore, he caused legal notice to OP on 17.05.2022 and in response to the same, the OP come forward and offered an amount of Rs.10,000/- as R-pass instead of Rs.6,000/- R-passBut, the complainant did not accept the same and has come up with the present complaint.

9. device was launched a long time ago and therefore, it is an end of life device and the required spare part i.e., the device screen could not be procured due to complete shortage.   Therefore, OP offered Rs.6,000/- as R-pass but, complainant declined to accept the same, hence, issued legal notice was issued by the complainant to OP, OP again offered Rs.10,000/- as R-pass instead of Rs.6,000/- R-pass and the same was intimated to complainant via e-mail on 25.05.2022 but, no response from the side of complainant.  Under such circumstances, it is crystal clear that, the complainant after usage of the mobile handset in question for a long period of 18 months after purchase caused damage to its screen and went to OP for replacement of the same, the OP expressed its inability due to non-availability of device screen as the said mobile set was launched long back and therefore, the spare parts i.e., device screen could not be procured.  Therefore, the OP genuinely offered an R-pass price of Rs.6,000/- to complainant in exchange of broken device screen but, complainant declined to accept the same and on receipt of legal notice issued by the complainant, again the OP offered Rs.10,000/- as R-pass instead of Rs.6,000/- R-pass for which also, no response from the complainant.  So, it appears that, the OP made sincere efforts to get the issue resolved but, the complainant did not co-operate with OP knowing fully well that, the mobile handset in question was launched long years ago and its broken device screen could not be available and the complainant did not accept the offer of R-pass of Rs.10,000/- which shows that, the complainant himself was reluctant to accept the offer of R-pass of Rs.10,000/- offered by the OP.  Anyway, the non-providing of service to the complainant with regard to issue of broken device screen which itself constitute the deficiency in service on the part of OP.  Therefore, we are of the considered view that, justice will be met if OP is directed to pay Rs.10,000/- in cash to the complainant by taking back the Realme X2 Pro phone from the complainant and to pay damages and cost of the litigation.  Hence, we answer point No.1 partly in the affirmative.

10. Point No.2:- For the aforesaid reasons, we proceed to pass the following:

:: ORDER ::

1. The complaint of the complainant is hereby allowed in part.

2. The OP is hereby directed to pay Rs.10,000/- in cash to the complainant within two months from the date of this order by taking back the Realme X2 Pro phone from the complainant.

3. Further, the OP is directed to pay Rs.3,000/- towards compensation for mental agony caused to the complainant and Rs.2,000/-  towards cost of the litigation to the complainant within 2 months from the date of this order.  Failing which, Rs.10,000/0 and the compensation of Rs.3,000/- + cost of litigation Rs.2,000/- totally R.5,000/- shall carry interest at 10% p.a. till payment.

4. The complainant is at liberty to take action against the opposite party under Section 72 of the C.P. Act, 2019 for non-compliance of this order.

5. Furnish the copy of order to both parties at free of cost.

(Dictated to the Stenographer transcribed, typed by him, corrected by us and then pronounced in open Commission on this the 24^th February 2023)