Date of Filling     :  27.03.2015.

                                                                                           Date of Disposal :  01.04.2016.

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.26/2015

(Dated this Friday the 01^st day of April 2016)

Mr. Duryodhan Behera,

S/o. Mr. Aparti Behera,

No.9, Big Street,

Pulliyambedu Village,

Thiruverkadu Post,

Chennai - 600 077.                                                                      … Complainant.

                                                          / Versus /

1. M/s. Celkon Impex Pvt. Ltd.,

My Home Hub, HI Tech City,

Hyderabad - 500 081,

Andra Pradesh.

2. M/s. Poorvika Mobiles Private Limited,

(Kumanan Chavadi Branch Office)

No.464, Trunk Road,

Kumanan Chavadi,

Chennai - 600 056.

3. Poorvika Mobiles Private Limited,

(Head Office)

No.30, Arcot Road,

(Opp. Meenakshi College),

Chennai - 600 024.                                  … Opposite parties.

This complaint is coming upon before us finally on 30.03.2016 in the presence of Thiru. E. Santhanalakshmi Gnanasekaran, Counsel for the Complainant and the  1 to 3 opposite parties are Set Exparte for non appearance and for non filing of Written Version and upon hearing arguments, having perused the documents and evidences 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 seeking relief to direct the opposite parties to pay a sum of Rs.9,500/- towards cost of the said Tablet with interest from the date of receipt of service to the complainant and to pay a sum of Rs.5,00,000/- towards compensation for mental agony suffered by the complainant with cost.

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

The complainant is a professional and employed as Branch In-charge in M/s.V-Xpress and due to the nature of his job, he requires to respond to the email frequently and the complainant decided to have a Tablet powered by Android to make his job convenient.Hence, the complainant purchased the Celkon Tablet bearing Model No.C-820 IMEI No.911335550083347 on 19.01.2014 from the 2^nd opposite party’s show room, which is an authorized retailer of the 1^st opposite party and Branch office of the 3^rd opposite party herein.The cost of the said Tablet is Rs.9,500/- (inclusive of VAT).The said Tablet was covered by service warranty of 1 year from the date of purchase.

8.    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 parties as alleged in the complaint?

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

10. Point  no.1:-

Regarding this point, it is pertinent to note that from the averments made in the complaint as well as in the proof affidavit, the complainant had purchased a Tablet powered by android to make his job convenient  were in model no.C - 820 from the 2^nd opposite party on 19.01.2014 of the tune of Rs.9,500/- through Ex.A1, invoice cum delivery challan.   The said tablet was covered by the service warranty of one year from the date of purchase.  While so, the said tablet was working very well for around 8 months and later on, troubles started and immediately the complainant had approached the 2^nd opposite party for the purpose of rectifying the defects and in turn the said tablet was entrusted to the 2^nd opposite party on 07.09.2014 and the complainant was informed that the service would be completed within a week.   But in fact, the 2^nd opposite party had not returned back the said tablet in date. 

11.     It is further stated in the proof affidavit, that though the complainant made several phone calls and through Ex.A2 series, E-mail communications there was no fruitful response and hence he had sent a letter dated 04.12.2014 which is marked as Ex.A3 and thereafter the complainant was requested to come and collect the said Tablet and all above when the complainant had visited the 2^nd opposite party’s office on 20.12.2014, he was requested by the 2^nd opposite party to hand over the whole kit containing warranty card and charger etc and in turn he had handover the same.  But the Tablet was not given back to the complainant on that day also.

12.     At this point of time, the complainant has sent Ex.A4 letter for reproaching the opposite parties but ended in vain.  Therefore, the complainant was constrained to issue Ex.A5 legal notice and receipt of the legal notices 2^nd opposite party informed the complainant that his Tablet was  ready and he would come to collect the same.  Believing the words, the complainant visited the 2^nd opposite party’s  office, there he was attempted to be cheated with some other old mobile phone in the place of Tablet of him and therefore, he refused to receive the same.

13.     It is further, stated that due to the untoward attitude and the gross negligence of the opposite parties the complainant had suffered a lot and hardship and mental agony which clearly leads to the unfair trade practice and deficiency of service on the side of the opposite party.  In view of the opposite parties having failed to repair the said defective tablet under warranty that had been extended by them.  In such a way, the complainant has clearly proved the allegations made in the complaint which amounts gross negligence and deficiency in service of the opposite parties by means of consistent, cogent and believable evidence.  But at the same time, the opposite parties did not turn up before this Forum to disprove the same with concrete evidence.  Thus point no.1 is answered accordingly.    

14.     Point no.2:-

In view of the conclusion arrived in point no.1, this Forum concludes without any hesitation that the complainant is entitled for refund of the cost price of the said Tablet namely Celkon bearing Model no.C-820 of Rs.9,500/- from the opposite parties and reasonable compensation with cost.

15.     In the result, this complaint is allowed in part.   Accordingly, the 1  to 3 opposite parties are jointly or severally directed to pay the cost price of the Tablet namely Celkon bearing Model no.C-820 of Rs.9,500/- (Rupees Nine thousand five hundred only) with interest at the rate of 9% per annum from the date of filing of the complaint i.e. from 27.03.2015 to the date of order (01.04.2016) and to pay a sum of Rs.10,000/- (Rupees Ten Thousand only) towards compensation for causing mental agony suffered by the complainant due to the deficiency in service on the part of the 1 to 3 opposite parties with cost Rs.5,000/- (Rupees Five Thousand only).

The above amounts 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% 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 01^st  April 2016.

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MEMBER - I                                                                             PRESIDENT

List of documents filed by the complainant:-

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MEMBER - I                                                                             PRESIDENT