By: Smt. Mini Mathew, Member
The case of the complainant in a capsiculated manner is that he had purchased one Tablet (UBISLATE 7C BLACK DATA WIND TABLET 911249555092379) from the 1st opposite party's shop at Manjeri on 21/8/15 after paying an amount of Rs.3228/-. At the time of purchase the 1st opposite party offered one year warranty to Tablet. The complainant is business man running his business at Mankada under the name and style “City Decorations”. According to him with his business details were entered in to the Tablet. But unfortunately on 15/9/15 complainant noticed some defects to the Tablet and entrusted it to the shop of the 1st opposite party for repair and they offered that they are ready to repair it as early as possible. After that on several occassions complainant contacted the 1st opposite party for getting back the repaired Tablet. But they are saying one or another excuses. Subsequently after on 16/10/15 complainant went to the shop of the 1st opposite party and enquired about the Tablet. At that time the 1st opposite party informed the complainant that he had given the Tablet for repair to the shop of the 3rd opposite party, who is the authorized service centre of the above said Tablet. Complainant on the same day itself approached the shop of the 3rd opposite party for getting back the repaired Tablet. They did not return the Tablet as it was not repaired. They sought short time for repair and they issued a “slip' to the complainant. Even now the complainant has not received the Tablet from the opposite parties after repair. From 19/9/15 onwards the Tablet is in the custody of the opposite parties. After repeated demands the opposite parties were reluctant to return the Tablet to the complainant after getting it repaired. All the defects had occurred during the warranty period. Hence this complaint.
Notice was issued to opposite parties and they did not appear before this Forum. Hence they were set exparte. Complainant filed affidavit in lieu of Chief Examination and documents were marked as Ext. A1 to A3. Ext. A1 is the warranty card issued by the 1st opposite party to the complainant, Ext. A2 is the cash invoice dated 21/8/15 issued by the 1st opposite to the complainant after receiving an amount of Rs.3228/- from the complainant towards sale consideration. Ext. A3 is the “Slip” issued by opposite party No.3 to the complainant. The evidence placed before this Forum by the complainant through his affidavit and documents stands unchallenged. Forum 15/9/15 onwards the Tablet is in the custody of the opposite parties. Complainant is business man and it is an inevitable equipment for his day to day business transactions. He cannot be cheated like this. All the opposite parties are jointly and severally liable to compensate the complainant. Hence we allow this complaint.
In the result, the opposite parties are directed to pay Rs. 3228/- being the cost of the mobile phone, Rs.3000/- being the compensation for the mental agony and hardships suffered by the complainant and Rs.3000/- as cost. The order shall be complied within one month from the date of receipt of copy of this order.
Dated this 31st day of March, 2016
A.A.VIJAYAN, PRESIDENT
R.K.MADANAVALLY , MEMBER
MINI MATHEW, MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A3
Ext.A1 : Warranty card
Ext.A2 : Slip issued by opposite party.
Ext A3 : Bill issued by opposite party at time purchase of Tablet.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
A.A.VIJAYAN, PRESIDENT
R.K.MADANAVALLY , MEMBER
MINI MATHEW, MEMBER
