Complainant present in person
Opponents absent
Per : Mr. Mohan Patankar, Member Place : PUNE
J U D G M E N T
11/07/2014
The present complaint is filed against the opponents, who are dealing with the business of selling, manufacturing and servicing of mobile handsets. Complainant alleges defects in the mobile handset, which he has purchased from the opponents. Brief facts of the complaint are as follows,
1] The complainant has purchased new Sony mobile handset, from the opponent no. 1 on 02/10/2012. The said Sony Xperia Tipo Duel Sim (IMEI No. 353811051066622) was purchased by paying an amount of Rs. 10,300/- to the opponent no. 1. The complainant was facing problem with touch pad. He submitted the handset to the opponent no. 1 on 4/10/2012. Complainant got replacement on 06/10/2012 (IMEI 353811051073388). Complainant again experienced problem with this handset on 4/3/2013, as the mobile handset stopped functioning abruptly. The complainant submitted handset to the opponent no. 4 for repair on 4/3/2013. On 9/5/2013, the complainant experienced problems in proper functioning of the handset. Hence, it was again handed over for repairs to the opponent no. 4. The complainant received repaired handset, he used it for 3 days and on 20/05/2013 the handset totally failed to function. The complainant resubmitted it for repairs to the opponent no. 4. The complainant used this repaired handset for five days, it totally failed to function. Again complainant handed over it to the opponent no. 4 for repairs. On 30/08/2013, the handset was submitted to the opponent no. 3 for about six problems of the handset and this time complainant requested to just check the problem and not to repair it. In spite of instructions, the opponent no. 3 started repairing process. Lastly, on 30/09/2013, the complainant submitted said handset for replacement of it. Complainant requested to extend its warranty as the existing warranty was approaching its expiry. The opponent denied to give extended warranty. Since, then nothing happened. The complainant was facing inconveniences, financial loss and mental harassment. Hence, he filed the present complaint and claimed refund of cost of mobile handset with compensation and cost under section 14 of the Consumer Protection Act, 1986.
2] The opponent no. 1 to 4 remained absent though duly served with the notice of the Forum. Hence, the complaint proceeded ex-parte against all the opponents.
3] The pleadings of the complainant and the documentary evidence submitted by the complainant are scrutinized. The following points arise for the determination of this Forum. The points, findings and reasons thereon are as follows,
Sr.No. | POINTS | FINDINGS |
1. | Whether complainant has proved that, the opponents have committed deficiency in service by selling defective mobile handset to the complainant? | In the affirmative |
2. | Whether complainant deserves refund of price of the mobile handset and compensation and cost of the complaint? | In the affirmative |
3. | What order? | Complaint is partly allowed |
REASONS TO ABOVE POINTS ARE AS FOLLWS,
4] On 02/10/2012 the complainant purchased Sony Xperia Tipo Duel Sim (IMEI No. 353811051066622) from the opponent no. 1, which is manufactured by the opponent no. 2. Thereafter within two days, the complainant observed defects in the said mobile handset. Hence, the complainant returned the defective mobile handset and got replacement for it. In the replaced mobile also, the complainant was facing repeated problems. The complainant has proved that he had given the mobile handset for repairs to the opponent no. 4 for several times. It is appreciated that the complainant pursued the matter indefatigably with the opponents. After repeated attempts, complainant finally felt helpless with the situation. In these circumstances, he claimed refund of the price paid to the opponents. After repeated repairs, the opponents have failed to remove defects in the mobile hand set. The opponents have also failed to re-replace the mobile handset with extended warranty. Hence, it is proved that the services rendered by the opponents are deficient. Therefore, this Forum is of the opinion that there are deficiencies on the part of the opponents. The complainant is entitled to get price of the mobile handset from the opponents. Due to deficient service provided by the opponents, the complainant has suffered mental and physical harassment. Hence, he is also entitled for compensation on that ground and also costs of the litigation.
In the result, this Forum answer the points accordingly and pass the following order.
O R D E R
- Complaint is partly allowed.
- It is hereby declared that the opponents
have caused deficiency in service by selling defective mobile handset to the complainant.
- The opponent no. 1 to 4 are directed to refund jointly and severally the price of mobile handset i.e. Rs.10,300/- (Rs. Ten Thousand Three Hundred only) to the complainant within six weeks from the date of receipt of copy of this order.
- The opponent no. 1 to 4 are further directed to pay jointly and severally an amount of Rs.7,000/- (Rs. Seven Thousand only) to the complainant within six weeks from the date of receipt of copy of this order.
5. Copies of this order be furnished to
the parties free of cost.
6. Parties are directed to collect the sets, which were provided for
Members within one month from the date of order, otherwise those will be destroyed.
