IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Monday the 31st day of October, 2016.
Filed on 22.06.2016
Present
- Smt. Elizabeth George (President)
- Sri. Antony Xavier (Member)
- Smt. Jasmine D (Member)
in
C.C.No.200/16
between
Complainant:- Opposite parties:-
Sri. Sebastain K.J 1. The Proprietor
Kandathil House Alif Communications
Near Gurumandiram Penta Menaka Shop No B1
Alappuzha-688 008 Shanmukham Road
Eranakulam-31
2. Mr.Baiju
Area Sales Head
M/s Samsung India Electronics
Pvt.Ltd,2nd Floor
Arya Bhangi Pinnacle
Kadavanthara, Cochin
3. Mr. Shiju P.V
Prop.Of Express Solutions
Samsung India Electronics
Pvt.Lt Service Center
147N,Skyline Tower
Shopping Complex
Behind Devi Temple
Cherthala-688524
O R D E R
SMT. JASMINE D. (MEMBER)
The case of the complainant in short is as follows:-
The complainant purchased a mobile phone from the 1st opposite party for an amount of Rs. 18,200/- on 19-05-2015. The phone became defective during the warranty period and was entrusted to the 3rd opposite party for rectifying the defect on 29-12-2015. After inspection the service engineer reported that the spare part of the said model was not available and agreed to refund the price of the mobile phone. And as per their direction the complainant had forwarded the required documents to the 3rd opposite party. After 4 months the 3rd opposite party informed the complainant that it is not possible to give refund the price of phone as the parts are now available. The complainant sustained much mental agony and hence filed this complaint.
2. Notice was served to the opposite party but they did not appear before the Forum. Hence opposite party 1-3 were set Ex-parte.
3. Complainant file proof affidavit and filed 6 documents which were marked as Ext.A1-A6
4. Considering the allegation of the complainant the Forum has raised the following issues for consideration.
1) Whether there is any deficiency in service on the part of the opposite parties?
2) Whether the complainant is entitled to get the reliefs as sought for?
5. Issues 1 and 2:- The complainant purchased a Samsung E700 model mobile phone from 1st opposite party for an amount of Rs. 18,200/- on 19-05-2015. During the warranty period the product became defective and entrusted to the 3rd opposite party on 29-12-2015 for rectifying the defect. The 3rd opposite party informed the complainant that spare parts are not available so it cannot be repaired and they agreed to refund the price of the phone and the complainant had complied all the formalities for getting refund of the price of the mobile phone. In the mean time the complainant purchased another phone. But after 4 months the 3rd opposite party informed the complainant that the spare parts are now available and therefore they can’t refund the price. The complainant sustained much mental agony due to the deficiency in service of the opposite parties and hence filed this complainant seeking refund to the price of the mobile phone together with compensation.
6. Complainant filed proof affidavit and documents ExtA1-A6 were marked. Ext.A1 is the copy of E-mail. Ext.A2 is the Advocate notice. Ext.A3 is the Acknowledge card. Ext.A4 is the purchase bill dated 19-05-2015. Ext.A5 is the work order and Ext.A6 is the warranty card. Ext.A4 issued by the 1st opposite party evidencing that the complainant had purchased a Samsung E700 model mobile phone for an amount of Rs. 18,200/-. From the documents it is clear that the mobile phone was defective during the warranty period and was entrusted to the 3rd opposite party for rectifying the defect. It is pertinent to note that the phone became defective within 7 months from the date of purchase. According to the complainant the opposite parties informed the complainant that the spare parts are not available so it cannot be repaired. Therefore the complainant was forced to purchase another mobile phone. The opposite parties even after getting notice from the Forum failed to attend the Forum and challenged the allegations leveled against them. So the Forum is of the opinion that the case of the complainant is genuine on the basis of clear evidence before this Forum.
7. Therefore we hold that the opposite parties have committed deficiency in service and hence they are liable to refund the amount. As per Ext.A5 the complainant had entrusted the phone to the 3rd opposite party and according to the complainant it was not returned so far.
In the result the complaint is allowed and the opposite parties 1-3 are jointly and severally directed to refund the price of the mobile phone Rs. 18,200/- to the complainant and the opposite parties are further directed to pay an amount of Rs. 1000/- towards compensation. The order shall be complied within one month from the date of this order, failing which the amount Rs.18, 200/-(Eighteen Thousand Two hundred only) shall carry interest @ 9% per annum from the date of order till realization.
Pronounced in Open Forum on this the 31st day of October 2016.
Sd/-Smt. Jasmine D (Member)
Sd/-Smt. Elizabeth George (President)
Sd/-Sri. Antony Xavier (Member)
Appendix:-
Evidence of the complainant:-
Ext.A1 - Copy of E-mail
Ext.A2 - Advocate notice
Ext.A3 - Acknowledgement card
Ext.A4 - Purchased bill Dtd 19-05-2015
Ext.A5 - Work order
Ext.A6 - Warranty card
Evidence of the opposite parties:- Nil
-//True copy//-
By Order,
Senior Superintendent.
To
Complainant/Opposite parties/SF
Typed by:- Br/-
Compd.By:
