Date of Filling     :  24.08.2015.

                                                                                           Date of Disposal :  19.10.2016.

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, THIRUVALLUR - 1.

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

                    TMT. S.  SUJATHA, B.Sc.,                           …    MEMBER - I

Consumer Complaint no.43/2015

(Dated this Wednesday the 19^th day of October 2016)

K. Bharathi Rajan,

No.113, Mari Amman Kovil Street,

Kavanipakkam,

Kancheepuram District - 603 107.                                         … Complainant.

                                                          / Versus /

1.  Karbon Mobiles,

     Consumer Executive,

     United Tele links (Bangalore) Limited,

     No.39/13 Appreddypalya

     Off 7 Main Hall IInd stage,

     Indira Nagar,

     Bangalore,

     Karnataka - 560 038.

2.  Karbon Authorized Service Centre,

     Arshan System,

     No.302, MTH Road, Sam Complex,

     Ambattur,

     Chennai - 600 053.

3.  CELL O TRONICS,

     No.8, Township Complex,

     MTH Road,

     Padi,

     Chennai - 600 050.                                                           … Opposite parties.

This complaint is coming upon before us finally on 05.10.2016 in the presence of M/s. A.R. Poovannan, Counsel for the complainant and the  1 to 3 opposite parties are Set Exparte for non appearance and upon hearing arguments, having perused the documents, evidences, oral and written arguments on the side of the complainant, this Forum delivered the following,

ORDER

PRONOUNCED BY THIRU. S.  PANDIAN, PRESIDENT

This complaint is filed by the complainant U/S 12 of Consumer Protection Act, 1986 against the 1 to 3 opposite parties for seeking the refund of the cost price of the complainant’s  mobile Rs.7,999/- and to pay a sum of Rs.2,00,000/- towards compensation for mental agony and for deficiency in service on the part of the opposite parties with cost Rs.10,000/-.

1.      The brief averments of the complaint as follows:-

The complainant had purchased a Karbonn A35 model mobile for Rs.7,990/- from  the 3^rd opposite party on 30.03.2014  and after 6 months from the date of purchase it developed problems like extraordinarily heated and battery getting down dry within an hour and hence the complainant had approached the 2^nd opposite party on 19.03.2015, who is the service center of the Karbonn mobiles.  The 2^nd opposite party promised to rectify the mobile within one week but fails to do so and seeks further time to rectify the complainant’s mobile but the 2^nd opposite party did not return back the said Karbonn A35 mobile till today.   In this regard, the complainant has lodged a complaint on 06.04.2015 over phone to Karbonn Customer Care Executive but ended in vain.  On 21.04.2015, the complainant sent a mail to the Customers Association of India (CAI and they sent a mail on the complainant’s behalf to the 1^st opposite party and the complainant acknowledged the receipt of mail on 08.06.2015 but there is no response from the 1^st opposite party.  The act of the opposite parties amount to mental agony and hardship which leads to deficiency in service.  Hence the complaint.

2.       In spite of sufficient time and opportunities given, the 1 to 3 opposite parties did not appear before this Forum and therefore, the 1 to 3 opposite parties are set Exparte. 

3.       In order to prove the case, the complainant has filed the Proof Affidavit as his evidence and the documents from Ex.A1 to Ex.A8 are marked on his side.

4.    At this juncture, the point for consideration before this Forum is:-

1. Whether there is any deficiency of service on the part of the opposite party as alleged in the complaint?

2. To what other reliefs, the complainant is entitled to?

5.       Written arguments filed and also oral arguments adduced on the side of the complainant.  Though the 1 to 3 opposite parties remained Ex-parte, this Forum wants to dispose the case fully on merits.

6.       Point no.1:-

As per the allegations made in the complaint against the 1 to 3 opposite parties is that, inspite of repeated request made through E-mail to rectify the defects of the alleged mobile phone, the 2^nd opposite party has not come forward to rectify the problem and not chosen to return back the said Karbonn A 35 till today and thereby the 1 to 3 opposite parties have committed deficiency in service and causing mental agony and hardship.  If it is so, the duty cast upon the complainant to prove the above said allegations by means of relevant evidence and acceptable documents.

7.       First of all, on careful perusal of the evidence adduced through the proof affidavit of the complainant, it is clearly stated that on 30.03.2014, the Karbonn A35 mobile phone was purchased from the 3^rd opposite party for the sum of Rs.7,990/- and in this connection Ex.A1,  Cash memo is marked.  The Warranty Card for the said mobile phone is marked as Ex.A5.  It is further stated that the said mobile phone was working well for about 6 months and later on, starting to give troubles and immediately, the complainant had approached the 2^nd opposite party through phone since the warranty period was covered by service for one year.  On 19.03.2015 the said mobile phone was entrusted to the 2^nd opposite party the 2^nd opposite party assured him to return the problem within a week and therefore, on belief over the 2^nd opposite party’s words the complainant received the Service receipt for Karbonn A35.  The service bill and the details of the complaint issued by the Karbonn Customer Care through phone dated:06.04.2015 are marked as Ex.A2 & Ex.A3 respectively.  It is further seen from the evidence of the complainant, though the 2^nd opposite party promised to rectify the problem within a week but not returned back the said mobile phone till today and therefore, it goes without saying that the said device is a defective one and it has failed to perform in keeping with the reasonable standards that are expected of similar Karbonn A35 or mobile phones.  Therefore on 21.04.2015, the complainant sent a mail to the Consumer Association of India (CAI) with documents and the CAI sent a mail to the 1^st opposite party, but there is no response from him.  The said legal notice dated 30.04.2014 is marked as Ex.A4.  Further, it is narrated that due to the irresponsible attitude of the 2^nd opposite party, the complainant was facing business problems (done by through mobile net connection) and financial problem and also facing complexity to plan and attend the examination despite if the gross deficiency in service and manufacture defects in the said equipment and in connection to that Ex.A6 to Ex.A8 were marked.

8.       From the foregoing among other facts and evidences adduced by means of proof affidavit and relevant documents, the complainant has clearly proved the deficiency of service on the part of the 1 to 3 opposite parties beyond all reasonable doubts.  While so, the 1 to 3 opposite parties have neither chosen  to appear before this Forum nor come forward to deny the allegations and to disprove the averments made in the complaint by means of relevant evidence  and necessary documents.  If it is so, it is crystal clear that there is no contra evidence to disprove the evidence put forth before this Forum by the complainant.  Therefore, this Forum can easily to draw an adverse inference against the 2^nd opposite party.  Thus the point no.1 is answered accordingly.

9.       Point no.2:-

 In view of the findings arrived in point no.1, the complainant is entitled to get relief as prayed in the complaint with reasonable compensation and cost.  Thus point no.2 is answered accordingly.

In the result, this complaint is allowed in part.  Accordingly, the 1 to 3 opposite parties are jointly or severally directed to refund the cost of the mobile namely ‘Karbonn A.35’ model of Rs.7,990/- (Rupees seven thousand nine hundred and ninety only) (Ex.A1 - Cash Memo) along with a sum of Rs.5,000/- (Rupees five thousand only) towards compensation with cost Rs.3,000/- (Rupees three thousand only) totally of Rs.15,990/- (Rupees fifteen thousand nine hundred and ninety only) 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 9.5% p.a.  till the date of payment.

Dictated by the President to the Steno-Typist, transcribed and computerized by him, corrected by the President and pronounced by us in the open Forum on this 19^th October 2016.

Sd/-****                                                                                        Sd/-****

MEMBER - I                                                                             PRESIDENT

List of documents filed by the complainant:-

Sd/-****                                                                                        Sd/-****

MEMBER - I                                                                             PRESIDENT