IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Wednesday the 31st day of January, 2018
Filed on 16.09.2017
Present
1. Smt. Elizabeth George (President)
2. Sri. Antony Xavier (Member)
3. Smt. Jasmine D (Member)
in
CC/No.252/2017
Between
Complainant:- Opposite parties:-
Sri. Rinu Salim 1. The Micro Max Informatics Ltd.
Pengaseriveli, 21/14/A Phase .11,
South Aryad, Naraina Industrial Area,
Alappuzha. Delhi- 110028.
2. Micro max Service Center,
3rd Floor Chandra’s Square,
Alappuzha.
3. East Venis Gift House & Duty paid
Shop, Raiban Shopping complex,
Boat Jetty Road,
Alappuzha.
O R D E R
SMT. JASMINE D. (MEMBER)
The case of the complainant in short is as follows:-
The complainant had purchased a mobile phone from the 3rd opposite party manufactured by the 1st opposite party on 25/3/2017 for an amount of Rs. 5,300/-. According to the complainant immediately after the purchase the phone became defective and it automatically switched off while making a call. The complainant had entrusted the phone to the 2nd opposite party for rectifying the defects many times. Once they replaced the battery but the defect persisted and later they replaced the charger alleging the complaint is with regards to the charger. But the defect was not rectified and the complainant approached the 2nd opposite party again and then they intimated the complainant that the mother board of the said phone is defective and it will take 45 days to repair the same. The complainant who is a taxi driver by profession and phone is very essential for his profession. Since the phone is defective he could not use the same and complainant sustained much mental agony and inconvenience. Hence filed this complaint.
2. Notice served to opposite parties but they did not appear before the Forum hence opposite parties 1 -3 were set expartie.
3. The complainant produced one document which was marked as Ext.A1.
4. Considering the allegations of the complainant, the Forum has raised the following issues:-
1) Whether there is any deficiency in service on the part of the opposite parties?
2) Whether the complainant is entitled to get any reliefs?
5. Issues 1 and 2:-
The case of the complainant is that the complainant had purchased a mobile phone from the 3rd opposite party manufactured by the 1st opposite party for an amount of Rs. 5,300 on 25/3/2017. The product has 1 year warranty during the warranty period the product became defective and entrusted to the 2nd opposite party who is the authorized service center of the 1st opposite party. Even though 2nd opposite party repaired many times the defect persisted. According to the complainant he could not use the phone, hence filed this complaint.
The complainant produced the original bill which was marked as Ext.A1. According to the complainant the phone purchased by him suffers manufacturing defect. In spite of service of notice from this Forum the Opposite parties did not respond to the same. According to the complainant time and again he approached 2nd opposite party to get the defects of the gadget rectified but the 2nd opposite party could not rectify the defects. From Ext.A1 it is clear that the complainant purchased the product on 25/3/2017 and the product is under warranty. Since the defect arose within the warranty period the opposite parties are liable to replace the same since the opposite parties failed to do so they have committed deficiency in service and the complainant is entitled to get the relief and the opposite parties are jointly and severally liable for the same.
In the result the opposite parties are directed to refund the price of the mobile phone Rs. 5,300/-(Rupees Five thousand three hundred only) to the complainant. The opposite parties are further directed to pay an amount of Rs. 500/- (Rupees Five hundred only) towards cost. The order shall be complied within one month from the date of the receipt of this order, failing which the amount Rs.5,300/- shall carry interest @ 9% p.a. from the date of order till realization. On compliance of the order the opposite party can collect the mobile phone from the office of the Forum.
Pronounced in open Forum on this the 31th day of January, 2018.
Sd/- Smt. Jasmine.D. (Member) : . Sd/- Smt. Elizabeth George (President):
Sd/- Sri. Antony Xavier (Member) :
Appendix:-
Evidence of the complainant:-
Ext.A1 - Original Bill dtd.25/3/ 2017
MO1 - Mobile phone
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite party/S.F.
Typed by:- Br/-
Compared by:-
