Tamil Nadu

North Chennai

CC/100/2015

P.Venugopal - Complainant(s)

Versus

3Com Teachnologies , Huawei Technologies Co Ltd., - Opp.Party(s)

Party in person

31 Aug 2016

ORDER

 

 

                                                            Complaint presented on:  12.06.2015

                                                                Order pronounced on:  31.08.2016

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

 

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,           MEMBER II

 

WEDNESDAY  THE 31^st  DAY OF AUGUST 2016

 

C.C.NO.100/2015

 

 

Mr.P.Venugopal,

S/o.A.Parthasarathy,

Old No.20, New No.26,

Arani Rangan Street,

Old Washermenpet,

Chennai – 600 021.

                                                                                           ..... Complainant

 

..Vs..

	3Com Technologies, Rep.by its authorized Officer, Authorized Service Center, Huawei Technologies Co., Ltd., G18, Appollo Dubai Plaza, No.100, Mahalingapuram Main Road, Nungambakkam, Chennai.   M/s. Poorvika Mobiles Private Ltd.,       No.525, Thiruvotriyur High Road (Near Pandiya Hotel)       Old Washermenpet,Chennai -21.
	.....Opposite Parties

Date of complaint                                  07.07.2015

Counsel for Complainant                      : Party in person

Counsel for 1st opposite party                 : Dismissed (21.01.2016)

 

Counsel for 2^nd Opposite Party                     : Ex - parte

 

O R D E R

 

BY MEMBER  TMT.T.KALAIYARASI,  B.A.B.L.,       

          This complaint is filed by the complainant u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IS IN BRIEF:

          The Complainant purchased a MTS Data Card 3.1 MBPS for his professional purpose from the 2^nd Opposite Party on 07.09.2013 for a consideration of Rs.1,000/- After verification call on 12.09.2013 the Complainant started to use  the Data Card, but  it was not functioning. Immediately he approached the 2^nd Opposite Party and his sales man Mr.G.Satish informed that the product will work after two days. Since it did not work even after two days, the Complainant contacted the 2^nd Opposite Party over phone, he replied that it would work after 10 days. The 1^st Opposite Party also informed that the Data Card is in good condition and the 2^nd Opposite Party only to check the navigations before sold the product for which MTS would not take any responsibility for navigation problems.  The Complainant contacted the Opposite Parties on various dates regularly they did not respond. Hence the Complainant sent a legal notice dated 30.10.2013 for which the 2^nd Opposite Party sent a reply dated 16.12.2013 and assured to return the Data Card payment of Rs.1,000/- . However the 2^nd Opposite Party did not pay the amount, hence the Complainant filed this Complaint for refund of the cost of the product and compensation for mental agony with cost of the Complaint.

          2. Though the 2^nd Opposite Party received notice, he did not appear on 10.08.2015 hearing and hence he was called absent and set Ex-parte. The Complainant endorsed on 21.01.2016 that he is not pressing the Complaint against the 1^st Opposite Party and in view of the same, it is ordered that the Complaint against the 1^st Opposite Party is dismissed.

          3. The Complainant had filed his proof affidavit and documents Ex.A1 to Ex.A5 were marked on the side of the Complainant.

          4. The Complainant had filed written arguments and also heard his oral arguments.

5. POINTS FOR CONSIDERATION

          1. Whether there is deficiency in service on the part of the opposite parties?

          2. Whether the complainant is entitled to any relief? If so to what relief?

6. POINT NO :1

          The Complainant purchased MTS Data Card 3.1 MBPS under Ex.A1 invoice dated 07.09.2013 from the 2^nd Opposite Party on payment of consideration of Rs.1,000/-. Ex.A2 is the warranty card issued to the product. After verification call on 12.09.2013, the Complainant started to use the product and the same is not functioning and hence he approached the 2^nd Opposite Party and his sales man Mr.G.Satish informed him that the product will work after two days  and after that he started working the Data Card functioned only 140 KBS speed and that caused irritation to him and thereafter he contacted the 2^nd  Opposite Party and he informed him that it will  work after 10 days and again he contacted the 2^nd Opposite Party on 03.10.2013, since he did not work requesting him to replace the product and he refused for the same then he contacted the 1^st Opposite Party and he replied that the 2^nd Opposite Party only would check the navigation before selling the product and for navigation problem MTS would not take any responsibility.

          7. The 2^nd Opposite Party did not rectify the product inspite of that the Complainant approached him on many occasions. The Complainant also sent Ex.A4 noticed dated 30.10.2013 to the Opposite Parties and they did not reply for the same. Even after notice the 2^nd Opposite Party has not taken any steps to function the product  properly. There is no contra evidence on behalf of the 2^nd Opposite Party. However, the 2^nd Opposite Party sent Ex.A5 reply dated 16.12.2013  to the Complainant that he would apologize for the inconvenience caused to him and the said management approved cash refund as required and requested the Complainant to collect the cash of Rs.1,000/- at Washerment Branch, Chennai. Since the 2^nd Opposite Party accepted to refund the product cost amount to the Complainant and also failed to rectify the product, the Complainant proved that the 2^nd Opposite Party committed Deficiency in Service. The Complaint against the 1^st Opposite Party already dismissed on 21.01.2016 as not pressed by the Complainant.

8. POINT NO: 2

          The product is not properly working from the day one of the purchase by the Complainant. The 2^nd Opposite Party agreed to refund the cost of the product under Ex.A6. Therefore the Complainant is entitled for refund of the cost of the product of Rs.1,000/- from the 2^nd Opposite Party. The 2^nd Opposite Party offered to refund the product cost on 16.12.2013. The Complaint is filed in the year 2015. During the interregnum period the 2^nd Opposite Party had not taken any steps to refund the amount to the Complainant. Therefore the Complainant suffered with mental agony is accepted and hence it would be appropriate to order a sum of Rs.5,000/- towards compensation for the same besides a sum of Rs.5,000/- towards litigation expenses.   

          In the result the Complaint is partly allowed. The  2^nd Opposite Party is ordered to refund a sum of Rs.1,000/- (Rupees one  thousand  only) towards the cost of the product to the Complainant and also to pay  a sum of Rs. 5,000/- (Rupees five  thousand only) towards compensation for mental agony, besides a sum of Rs. 5,000/- (Rupees five thousand only)  towards litigation expenses.

The above amount shall be paid to the complainant within 6 weeks from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest till the date of payment. In respect of the Complaint against the 1^st Opposite Party is dismissed.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 31^st   day of August 2016.

 

MEMBER – II                                                               PRESIDENT

 

 

 

 

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 07.09.2013                   Invoice Bill for purchase the Data Card

 

Ex.A2 dated 07.09.2013                   Warranty card issued by the Poorvika without fill

                                                    the colomn

 

Ex.A3 dated NIL                     Photocopy of the MTS Data Card

Ex.A4 dated 30.10.2013                   Notice sent by the Complainant

Ex.A5 dated 16.12.2013                   Reply sent by Poorvika

 

MEMBER – II                                                               PRESIDENT