| Complaint Case No. CC/11/44 |
| | | | 1. Mopidevi Adhikhya, S/o.M.S.V.V.S. Murthy, | | Age:20 Years, Occu: Student, R/o. Q.No.B-19-1/2, H.W.P.Colony, Aswapuram Village & Mandal, Khammam District. | | Khammam | | Andhra Pradesh |
| ...........Complainant(s) | |
| Versus | | 1. 1. Big C, Mobil Showroom, Krishna Prasad | | Balaji Watch & Mobiles Pvt. Ltd., Kothagudem, represented by its authorized dealer. | | Khammam | | Andhra Pradesh | | 2. 2. Samsung India Electronics Pvt. Ltd., | | 2. Samsung India Electronics Pvt. Ltd.,7th & 8th floor, IFCI Towers, 61 Nehru Place,New Delhi – 110019. | | Delhi | | New Delhi | | 3. 3. BIG-C Mobiles Pvt. Ltd., Vijayawada | | 3. BIG-C Mobiles Pvt. Ltd., VijayawadaAuthorised Service Center, Vijayawada – 520 010. | | Krishna | | Andhra Pradesh |
| ............Opp.Party(s) |
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| ORDER | | BEFORE THE DISTRICT CONSUMERS FORUM AT KHAMMAM Dated this, the 15th day of June, 2011 CORAM: 1. Sri Vijay Kumar, B.Com., L.L.B. - President, 2. Sri R. Kiran Kumar, B.Sc. L.L.B - Member C.C. No.44/2011 Between: Mopidevi Adhikhya, s/o. M.S.V.V.S. Murthy, age: 20 years, occu: Student, r/o. Q.No.B-19-1/1, H.W.P.Colony, Aswapuram village and Mandal, Khammam District. ….Complainant And 1. Big C, Mobile Showroom, Krishna Prasad, Balaji Watch & Mobiles Pvt. Ltd., Kothagudem, rep. by its authroised dealer. 2. Samsung India Electronics Pvt. Ltd., 7th & 8th floor, IFCI Towers, 61, Nehru Place, New Delhi 110019. 3. Big C Mobiles Pvt. Ltd., Vijayawada, Authorised Service Centre, Vijayawada 520 010. …Opposite parties This C.C. is coming before us for final hearing, the Complainant appeared in person; notice to opposite party No.1 and 3 served and called absent; Notice to opposite party No.2 returned as left without address; upon perusing the material papers on record; upon hearing the oral arguments of complainant and having stood over for consideration, this Forum passed the following:- O R D E R (Per Sri R. Kiran Kumar, Member) 1. This complaint is filed under section 12(A) of the Consumer Protection Act, 1986. The brief facts of the complaint are that the complainant and his father purchased F400 Samsung Mobile for Rs.6,600/- from opposite party No.1, vide cash receipt No.1514768, dt.19-6-2010, by giving warranty card No.IMEINo.352889022075980, which denotes in stamping one year warranty on battery by charger, and six months warranty on mobile as per company rules. The instrument purchased by complainant started giving trouble such as “no battery back up, shutting down soon after charging the battery” and in the month of November, 2010 the battery started discharging in a few minutes. The complainant further submitted that he contacted the opposite party No.1, who had sent to the opposite party No.3 for the authorized Service Engineer at Vijayawada, found defect of software and installed the software, inspite of it, the problem not rectified, as such for the second time they have replaced the battery and for the third time they have sent the mobile to the head office, Hyderabad as they could not rectify the problem and simultaneously informed that they will change the Board after lapse of 30 days, since the problem continuous not rectified either by the Head office, Hyderabad or Service office at Vijayawada, and ultimately the opposite party No.3 had directed the complainant to contact at Kothagudem Big C show room/ opposite party No.1, accordingly the complainant approached and handedover the said cell phone with Job sheet No.11, dt.17-2-2011, and requested to replace the quality and quantity of cell phone by replacing the defective cell phone (manufacturing defect). Since the date of handing over the cell phone, the complainant has been contacting the opposite party No.1, but the opposite party No.1 dragging on different pretext with cock and bull stories, finally he tried to give a second hand phone, which is used by the third parties, on making such objection he refused to serve with new phone and also caused humiliation and replied to do whatever you like and also threatened the problem is of such cell phone known either by company or god knows, with such unwarranted words the complainant caused hurt and put to suffer both mentally and physically. The complainant further submitted that the opposite party No.1 did not return the mobile till today. Hence, this complaint to replace and handover the new mobile of the same model, to pay an amount of Rs.10,000/- towards expenditure incurred by the complainant, to refund the amount of Rs.6,600/- with interest at 24% P.A. from the date of purchase i.e. from 19-6-2010 to till the date of realization of the amount, to award damages of Rs.30,000/- for the deficiency of service and to award costs of the complaint. To substantiate his case, he filed his affidavit and documents, the same got marked as Exs.A.1 to A.5 Ex.A.1 - Cash Bill No.1514768, dt.19-6-2010 for Rs.6,600/- Ex.A.2 - Warranty card for the Mobile Samsung F400. Ex.A.3 - Service Job Sheet, dt.15-12-2010 given by Big C Mobiles Pvt. Ltd., Vijayawada. Ex.A.4 - Letter, dt.28-3-2011 addressed by the complainant to the Manager, Big C Mobiles, M.G.Road, Kothagudem. Ex.A.5 - Courier receipt, dt.29-3-2011. Inspite of receipt of notice by opposite parties No.1 and 3, they were called absent. Notice of opposite party No.2 returned as left without address. No representation made by any of the opposite parties. Heard the oral arguments of counsel for complainant. Now the point that arose for consideration is, Whether there is deficiency of service on the part of opposite parties and whether the complainant is entitled to claim the compensation? Point: As seen from the averments made in the complaint, the complainant purchased Samsung Mobile model No.F400, it gave some trouble within short period from the date of purchase, as such the complainant contacted opposite party No.1, who sent opposite party No.3 service engineer, at Vijayawada, inspite of repair, the problem could not be rectified and ultimately the opposite party No.3 directed the complainant to contact at Kothagudem Big C show room/opposite party No.1, as per the direction of the opposite party No.3, the complainant approached opposite party No.1 and handedover the cell phone with a job sheet No.11, dt.17-2-2011, and requested to replace the quality and quantity cell phone by replacing a defective cell phone, since the problem could not be rectified by both the parties, they tried to hand over the second hand cell phone which is used by third parties, on making such objection, opposite party No.1 refused to serve with new phone. It is the case of the complainant that when the complainant visited around the opposite party No.1 many a times, he is giving vague answers and caused hurt mentally and physically and his cell phone was not returned till the date of complaint. To prove the contents made in the complaint, the complainant filed Exs.A.1 to A.5. On the other hand on behalf of opposite parties, inspite of serving notice on the opposite parties No.1 and 3, they have not turn up either to appear before this Forum or chosen to file counter and no document is filed to disprove the contents of the complaint made by the complainant. With the attitude of the opposite parties, the complainant caused mental agony and suffered inconvenience he approached this Forum for redressal of his grievance. From the documents filed by the complainant, the non-rectification of defects and the keeping of cell phone with them definitely amounts to deficiency in service and as such the point is answered accordingly against the opposite parties. In the result, the complaint is allowed in part, directing the opposite parties to replace the new mobile i.e. Samsung F 400 or to refund the cost of the mobile i.e. Rs.6,600/- to the complainant, and further directed to pay Rs.2,000/- towards damages for causing inconvenience and Rs.500/- towards costs of the litigation. Typed to my dictation, corrected and pronounced by us in the open Forum on this 15th day of June, 2011. PRESIDENT MEMBER DISTRICT CONSUMERS FORUM KHAMMAM Appendix of Evidence Witnesses examined on behalf of the complainant: -none- Witnesses examined on behalf of opposite parties: - None- Exhibits marked on behalf of the complainant: Ex.A.1 - Cash Bill No.1514768, dt.19-6-2010 for Rs.6,600/- Ex.A.2 - Warranty card for the Mobile Samsung F400. Ex.A.3 - Service Job Sheet, dt.15-12-2010 given by Big C Mobiles Pvt. Ltd., Vijayawada. Ex.A.4 - Letter, dt.28-3-2011 addressed by the complainant to the Manager, Big C Mobiles, M.G.Road, Kothagudem. Ex.A.5 - Courier receipt, dt.29-3-2011. Exhibits marked on behalf of the opposite parties: -Nil- PRESIDENT MEMBER DISTRICT CONSUMERS FORUM KHAMMAM | |
