Date of Filling:     13.03.2017

                                                                                                                       Date of Disposal:  15.05.2018

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

THIRUVALLUR-1

PRESENT:   THIRU.S.PANDIAN, B.Sc., L.L.M.                                 ….PRESIDENT

THIRU:R.BASKARKUMARAVEL, B.Sc.L.L.M., BPT., PGDCLP.,      …MEMBER

CONSUMER COMPLAINT No.17/2017

TUESDAY, THE 15 DAY OF MAY 2018

L.Rajendran, Aged 62 years,

S/o.Lakshmaiyah,

 No.486, C.T.H.Road,

Lakshimipuram,Thiruninravur,

Poonamallee Taluk,

Thiruvallur District.                                                                             …Complainant

                                    //Verses//

1.Poorvika Mobiles Private limited,

   Represented by its Managing Director,

   No.30, Arcot Road, Kodambakkam,

   Chennai -600 024.

2.Poorika Mobiles Private limited,

   Represented by its Manager,

   Branch Office at No.31/3&32c Rajaji Salai,

   Thiruvallur -602 001.

3. Karboon Mobiles Private limited,

    Represented by its Managing Director,

    Office at #39/13, off 7^th Main,

    HAL 2^nd stage Appareddy Palya,

   Indiranagar, Bangalore -560 038.

4. Ascent Tech,

   The Authorized service center of Karbon Mobiles,

   Represented by its Proprietor,

   No/518c, Moogambikai Complex, MTH Road,

   Varadharajapuram, Ambattur,

   Chennai -600 053.                                                                          ….Opposite Party.

 This  Complaint is coming on for final hearing before us on 08^th May 2018  in the presence of Thiru S. Muthukumaravel, Counsel for Complainant, Opposite Parties called absent and set ex-parte, perused complainant’s side documents, and hearing the arguments on the side of the Complainant and the case having stood over to this day for consideration,  this Forum passed the following:-

ORDER

Thiru.R.Baskarkumaravel, Member

This Complaint has preferred by the complainant Under Section 12(1) of the Consumer Protection Act, 1986 against the Opposite Party with direction to refund the sum of Rs.4,500/-  award of Rs.50,000/- towards compensation with cost of Rs.35,000/-  for mental sufferings loss for the defects in the supply of goods as well as the deficiency in services.

1.The brief facts of the complainant are as follows:-

The Complainant has purchased a karbon mobile which is a touch phone, form the second Opposite party which is the branch office of the first Opposite Party vide invoice No.21215 dt.01.01.2015 for a sum of Rs.4,500/- Modal Karbon A240m IMEI No.911412450276907.   The third opposite party is the manufacturer of the mobile and the fourth opposite party is the authorized service center of the mobile.  That within two months from the date of purchase the facility of touch was not worked, the complainant is unable to use the mobile since the display is blank.  Regarding the defect, first time on 13.02.2015, the complainant has given before forth opposite party for repair after a month, on 24.03.2015 it was delivered and worked for some time, again with the same defect the phone was not worked and second time on 27.06.2015 the complainant has handed over the same to fourth opposite party for repair. After a month, it was delivered and the complainant has used for a few days and third time the same fault has occurred .  since, the complainant was astonished for the same and has delivered the phone to fourth opposite party for replacement but the fourth opposite party mesmerized and assured that the phone will be upgraded.  After repair, the complainant had received the same but within few months, the mobile touch was not worked so finally fourth time on 23.12.2015, the complainant has delivered the phone to fourth opposite party and asked for replacement, the fourth opposite party refused to repair and instructed the complainant to approach to company and retailer since the mobile was repaired for more than 4 times within the warranty period.

2. That from the date of purchase the complainant has not even used the mobile continuously for 30 days since always that is a display problem. So based upon the above facts, the complainant has issued notice on 25.04.2016 to third opposite party who is the manufacturer but there was no response.  It will reveal that the first opposite party has sold the product which is not in a working condition and the first opposite party is also liable for deficiency in service and third opposite party is the manufacturer has committed gross negligence coupled with deficiency in service and both of opposite parties has committed a unfair trade practice.  Hence this complaint is filed.

3. On the side of the complainant, the complainant filed proof Affidavit on order to substantiate his case and Exhibit A1 to A7(s) are marked on his side.

4. At this Juncture, the points for determination before this forum are as follows:-

1. Whether there is any deficiency in service on the side of the opposite party as narrated in the complainant.

2. Whether the complainant is entitled for any relief as prayed for?

5. Written Arguments filed by the complainant and oral Arguments adduced on the side of the complainant.

6. In such circumstances, this Forum decided to conclude this matter fully on merits with available evidence and documents putforth before this Forum, though the Opposite Parties are set Exparte.

7. Point No: 1:-

 As per the case of the complainant, the opposite party has sold the defective Mobile and not come forward to rectify the defects and also refused to refund the cost of the mobile and thereby the opposite party has committed deficiency of services by selling defective mobile.  At the outset, it is the duty of this forum to decide whether the complainant has put forth his case by means of proper evidence and relevant documents before this forum in an acceptable manner.

8. In such circumstances, on careful perusal   of the evidence of the complainant, it is  stated that   he had  purchased   mobile phone   which is touch phone on 01.01.2015 from the 2^nd  Opposite party for a sum of Rs. 4,500/-   (Rupees Four thousand five hundred  only)bearing Modal  Karbon A240, IMEI No.911412450276907.  The above said phone was purchased by the complainant from the 2^nd opposite party with warranty.   The first Opposite Party issued the bill for the same as invoice come delivery challan invoce No. 21215 dated 01.01.2015. The 3^rd Opposite party is manufacturer of the mobile on the 4^th Opposite party is the authorized  service center  of the mobile .   The  2^nd pposite Party had mentioned the details of phone and price of phone in the invoice cum delivered challan issued  to the complainant which has been marked as Exhibit A1, and further stated that  after using of the mobile by the complainant for two months  the mobile was not worked, with defect  in the touch facility  of the mobile   the display  was  blank,  complainant is unable to use the mobile. For  rectifying  the defect  complainant handed over the mobile phone  with the 4^th Opposite Party for service on 13.02.2015 .  The 4^th Opposite Party received the mobile for service and issued  the costumer Job card for the same on 13.02.2015 which has been marked as Exhibit A2.

9.  It is further stated that, a month later on 24.03.2015 the 4^th Opposite Party delivered the repaired mobile phone to the complainant and after wards the mobile was working properly for some days, again the same problem had aroused in the mobile and again the complainant handed over the mobile as second time for repair with the 4^th Opposite party again the mobile was received by the 4^th Opposite Party for service and issued the customer Job card on 27.06.2015 which has been marked as Exhibit A3. Again after it is repaired by the  fourth Opposite Party the same was handed over to the complainant and even than the same problem presents..  Again the complainant approached the 4^th Opposite party explained the problem of the phone and requested him to replace the mobile with new one.  But, 4^th Opposite Party instead of replace the mobile with new one, he has mesmerized and assured that the phone will be upgraded and 4^th Opposite party  received the mobile for repair from the complainant on 24.08.2015 and issued a costumer job card which has been marked as Exhibit A4.  Again the 4^th opposite party return the mobile to the complainant after servicing  it 4^th opposite party handed over the mobile to complainant. But  within few month again the mobile was not worked properly.  The complainant 23.12.2015  as fourth time  handed over the mobile to the 4th opposite party  for service on 23.12.2015  and the 4^th opposite party given customer cards on the same day which has been marked as Exhibit A5.

10. The 4^th opposite party serviced the mobile 4^th time and given back the mobile to the complainant on 22.01.2016.  Again after few days, the mobile was not worked and the complainant handed over the mobile for service with 4^th opposite party but now he has refused to repair and advised the complainant to approach  either company or retailer for replacement of the mobile new one since it was repaired fourth time within the warranty period. Therefore,   from the date of purchase the complainant has not used mobile continuously for 30days and the mobile was giving under this to facts and circumstances  the complainant has caused legal notice on 14.11.2016 all the opposite parties which has been marked as Exhibit A6.  The opposite parties received the same and the acknowledgement cards marked as ExhabitA7(s).  Eventhough the opposite parties received Exhibit A6, they have not comforward neither to rectify the defects nor to answered the demand of the complainant through their reply notice.

11. For the fore going among other facts, it is crystal clear that the complainant had purchased the mobile phone from the Opposite party on due consideration.  So the complainant clearly comes under the category of Consumer within the ambit of Consumer Protection Act 1986 and in this regard there is no dispute at all.

12. Further, it is pertinent to note that it is crystal clear that Exhibit A1 proves that the mobile was purchase by the complainant from the 2 opposite party.  Further it is very clear from the Exhibit A2 to A5 issued from 4^th opposite party to complainant reveals that the mobile is  actually defective one and it is an admitting  facts on the side of the opposite parties  that the mobile cannot be  repaired. Eventhough,  the opposite parties was received Exhibit A6 legal notice neither  they have not come forward  to rectify  the defect nor to give proper reply to the complainant’s demand.  Further they have not appeared before this forum to answer the complainant claim.  Therefore, it clearly shows that the Opposite parties are admitting the claims of the complainant in the instant complaint filed by complainant before this Forum.

13. At the outset, this Forum wants to enlighten that the complainant has proved the deficiency of service of the opposite party by means of acceptable, reliable and concrete evidence.  Hence, this Forum has no hesitation to conclude that the opposite party has committed deficiency in service in selling defective mobile and properly rectified the defects and thereby caused mental agony to the complainant.  Thus, the point No.1 is answered accordingly.  

Point No: 2:-

            14. in view of the discussion concluded in the point No: 1 it would proper to order that the complainant is entitled for refund of the amount of purchase of mobile phone with reasonable interest from the date of complainant till the date of order 15.05.2018 and also for compensation for the damages and mental sufferings with cost and thus the point No.2 is answered accordingly.

15. in the result, this Complaint is allowed in part with direction that the Opposite Parties 1 to 4 are jointly and severally directed to pay Rs.4,500/-(Rupees Four thousand and five hundred only) in total with interest at 9% per annum from the date of Complaint till the date of this order(15.05.2018) and also to pay a sum of Rs.10,000/- (Rupees Ten thousand only) towards compensation for causing mental agony and loss to the complainant due to the deficiency of service and Rs.3,000/- (Rupees Three thousand only) towards cost of the complaint to the complainant.

The above amount shall be payable within one month from the date of receipt of the copy of the order, failing which, the said amount shall carry interest at the rate of 9% per annum till the date of payment.

This order was dictated by the Member to the steno-typist, typed by her, corrected, sighed and pronounced by us in open Forum, today on this 15.05.2018 day of May 2018

     MEMBER                                                                                         PRESIDENT

List of documents filed by the complainant:-

         Sd/-                                                                                                           Sd/-

      MEMBER                                                                                           PRESIDENT