Date of Filing: 13.03.2018
Date of Order: 11.11.2019
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM – I,
HYDERABAD
P r e s e n t
HON’BLE SRI P.VIJENDER, B.Sc. L.L.B. PRESIDENT.
HON’BLE SRI K.RAM MOAHN, B.Sc, M.A., L.L.B, MEMBER
HON’BLE SMT.CH.LAKSHMI PRASANNA, B.Sc, L.L.M, MEMBER
ON THIS THE MONDAY THE 11th DAY OF NOVEMBER , 2019
C.C.No.128 / 2018
Between
Sri T.V.L.Narasimha Rao,
S/o. Late Sri T.Kesava Rao,
Aged about 60 years,
H.No. G-1 & G-2, Mani Olaza,
6-2-101/7/A & B, New Bhoiguda,
Secunderabad – 500 003, Telangana State. ……Complainant
And
- One Plus Store Head Office,
5th Floor Kabra Excelsior,
Opp: Wipro Park 80 Feet Road,
Koramangala , 1st Block,
Bangalore – 560034
Rep.by Authorized Manager.
- Regenersis India Pvt.Ltd.,
One Plus Exclusive Service Centre,
#111, Level-2, 1st Floor, City Centre Mall,
Road No.10, Banjara Hills,
Hyderabad – 500 034,
Rep.by Authorized Manager. ….Opposite Parties
Counsel for the complainant : Mr.P.Panduranganath.
Counsel for the Opposite Party No.1 : Absent.
O R D E R
(By Sri P. Vijender, B.Sc., LL.B., President on behalf of the bench)
1) This complaint has been preferred under Section 12 of Consumer Protection Act, 1986 alleging that the opposite parties have sold smart phone having manufacturing defect and it amounts to unfair trade practice . Hence for a direction to opposite party to refund the cost of the handset with interest at 24% , award compensation of Rs.15,000/- for mental agony suffered by him on account of sale of manufacturing defective hand set to him and award Rs.5,000/- towards legal expenses incurred by him.
2) The complaint averments in brief are that :
The complainant has placed purchase order with Amazon for One Plus 3T smart phone vide order No.171-8704997-4029157 on 24.2.2017 and made full payment of Rs.34,999/-. The order was executed through M/s. Amiable Electronics Pvt.Ltd., and product was delivered to the complainant on 25.2.2017. The product carries warranty period of one year expiring on 25.2.2018. The complainant used the product comfortably for nearly 6 months and thereafter the product started casing technical problems and he continued to use it with the same problems for 4 months and finally approached the authorized service center of the product and informed that videos are getting blurred/clouded/faded within two days with a message saying that " Sorry the media file does not exist on your internal storage”. Contacts are getting saved in more than one name and also into mobile contacts the hand set became very slow and frequently hanging . It was having a problem of no incoming voice. The hand set was getting heated within no time during the conversation resulting severe pain in the ears. Opposite party returned the hand set to the complainant on the same day stating that it was repaired. The complainant experiences only a temporary relief for two weeks and thereafter it stated giving the same problems. Hence on 25.1.2018 he again delivered the hand set to the opposite party No.2 for repair. The complainant explained his grievance with opposite party No.1 on its Website . He received a reply from Ms.Sandhya of opposite party No.1 on 25.1.2018, and another reply from Ms.Jyothi Rai on 28.1.2018 and another reply from Mr.Ahteshamuddin C of opposite party No. 1 on 30.1.2018. Opposite party No.2 returned the hand set on 28.1.2018 stating that it was repaired. The complainant experienced a temporary relief for 2 more weeks. On 22.2.2018 complainant again delivered the hand set to the opposite party No.2 for repair. But there was no response for it. Complainant is a Senior Legal Professional having legal briefing matters before Civil Court and National Commission , State Commission and tribunals etc., and he got offices at New Delhi and Visakhapatam . He faced a lot of problems with the hand set. Having fed up with the quality of the product and as opposite party N o.2 failed to rectify the manufacturing defects , it has become difficult for him to use it. The opposite parties have failed to rectify the manufacturing defect are bound to replace it or return the cost with interest. Hence the present complaint.
3) Opposite party No.1 and 2 despite service of notice of this complaint failed to turn up . Hence the complaint is proceeded in expartee against opposite parties 1 and 2
4) In the enquiry the complainant got filed his evidence affidavit reiterating the material facts of the complaint and exhibited 20 documents in support of his claim.
5) On a consideration of the material brought on the regard the following points have emerged for consideration :-
1. Whether the complainant could make out the case of deficiency of service on the part of opposite parties?
2. Whether the complainant is entitled for the amounts claimed?
3. To what relief?
6) Point No.1: Exhibit A1 purchase order evidences that the complainant placed an order for purchase of handset manufactured by opposite party No.1 and he paid total cost of the product by his credit card on 24.2.2017. Exhibit A2 and A3 service record documents evidences that the complainant approached opposite party No.2 explaining the problems with the handset . Exhibit A4 shows the complainant brought to the notice of the opposite party No.1 about the problems being faced by him with the hand set . She received replies from Ms. Sandhya under Exhibit A5 asking him to visit service center for repair to the hand set. Exhibit A6 is also reply from Ms.Jyoti Rai of the opposite party No.1 asking the complainant to know the status of the device . Exhibit A7 is another reply from Mr. Ahteshamuddin C of the opposite party No.1 to complainant informing the complainant they are trying to reach the complainant on his mobile but there was no response from the complainant. Exhibit A8 is another service record. The complainant approached the authorized service center and explained the problems faced by him with the hand set. The Correspondence in the form of email from the opposite parties it is evidence that the complainant was advised to approach the service center. But the service center failed to rectify the problem of the hand set. Thus the documents placed on record clearly established that the hand set purchased by the complainant through on line got a manufacturing defect and opposite party No.1 being manufacturer o of the product, opposite party No.2 as authorized service provider failed to rectify the manufacturing defect of the hand set and thus there is a deficiency of service. Accordingly point is answered.
7) Point No.2:- In the result the complainant has proved that the hand set purchased from opposite party got a manufacturing defect and opposite party No.2 being a service center failed to rectify. The complainant is entitled for refund cost of the product of the hand set and compensation for causing inconvenience in his profession as an advocate. Accordingly the point is answered.
8) PointNo.3:- In the result the complaint is allowed in part directing the opposite parties:
1. To refund the amount of Rs.34,999/- with interest at 18% p.a. from
25.2.2017 to the date of payment
2. To pay a sum of Rs.10,000/- towards compensation to the complainant for
causing mental agony and inconvenience by selling him a product
having manufacturing defect.
3. To pay Rs.5,000/- towards cost of this complaint to the complainant.
Time granted for compliance is thirty days from service of this order.
Dictated to steno transcribed and typed by her and pronounced by us on this the 11th day of November, 2019.
MEMBER MEMBER PRESIDENT
APPENDIX OF EVIDENCE
WITNESS EXAMINED
NIL
Exhibits filed on behalf of the Complainant:
Ex.A1 - Copy of purchase order copy
Ex.A2 & 3– Copies of One Plus service record .
Ex.A4 – Copy of Email to opposite parties
Ex.A5 – Copy of Reply Email from Ms.Sandhya
Ex.A6 – Copy of reply email from Jyothi Rai
Ex.A7 – Copy of Reply email from Ahteshamuddin C
Ex.A8 – One plus service record
Ex.A9 – Warranty booklet
Ex.A10 - Provisional identity card
Ex.A11 – Copy of .Bar council registration No.AP/634/1999
Ex.A12 – Copy of Purchase invoice of new mobile
Ex.A13 – Copy of Email covering letter along with notice
Ex.A14 to A18– Reply notices on different dates
Ex.A19 – Reminder reply to notice dt.24.4.2018
Ex.A20 – Email covering letter along with reminder notice
Exhibits filed on behalf of the Opposite parties:
Nil
MEMBER PRESIDENT
