Tamil Nadu

South Chennai

CC/187/2019

Sri Ram - Complainant(s)

Versus

A H Mobile Connections Ltd - Opp.Party(s)

Party in person

13 Jun 2022

ORDER

                                            Date of Complaint Filed  : 03.07.2019

                                                                                                        Date of Reservation         : 20.05.2022

                                                                                                        Date of Order                    : 13.06.2022

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT:      TMT. B. JIJAA, M.L.,                                          : PRESIDENT

                         THIRU. T.R. SIVAKUMHAR, B.A., B.L.,          :  MEMBER I 

                         THIRU. S. NANDAGOPALAN., B.Sc., MBA      : MEMBER II

 

CONSUMER COMPLAINT No.187 /2019

MONDAY, THE 13^th DAY OF JUNE 2022

Sriram,

No.1, Sri Nivas Siva Siva Nagar

Chatram Karupur

Kumbakonam – 612501.                                               .. Complainant                   

..Vs..

AH Mobile Connections Pvt Ltd

A11 PARSN Commercial Complex

No.1, Kodambakkam High Road

Nungambakam, Chennai – 600 006.

Represented by Director,

Balamani Thiyagarajan Arasakumar

DIN No.06930512.                                                      ..  Opposite Party

 

******

 

Counsel for the Complainant          : Party in Person

Counsel for the Opposite Party       :  Exparte

 

        On perusal of records and after having heard the oral arguments of the Complainant as party in person, we delivered the following:

ORDER

Pronounced by the President Tmt. B. Jijaa, M.L.,

1.      The Complainant has filed this complaint as against the Opposite Party under section 12 of the Consumer Protection Act, 1986 and prays to refund the entire amount paid to the Opposite Party with interest at the market rate along with an amount of Rs.10,000/- as compensation to the Complainant along with cost.

2.      The averments of the complaint in brief are as follows:-

        The Complainant gave his phone for mother board replacement on 08.09.2019 to the Opposite Party. The employee of the company did not repair it at all when the Complainant asked for mobile next day the Opposite Party told the Complainant to wait for 4 hours and since the Complainant had to go to his native place the Complainant asked him to make it ready.  After that, the Complainant had called him several times but there was no proper reply. The Complainant personally went on 16.02.2019 and asked his phone to which the Opposite Party  knowingly misled the Complainant that the phone was ready and will be delivered to the Complainant and took the amount of Rs.2300/- on 16.02.2019. Every day he used to tell the Complainant that he will deliver it tomorrow and that tomorrow never came. As there was no proper response, the Complainant again went to shop personally, the Opposite Party  told the Complainant to write his bank account number on the back of the receipt and give it to him since it is a private limited concern the claim will be refunded through NEFT only and no ready cash can be paid and that too was a lie. When the complainant contacted the Opposite Party he used unparliamentary words, after a week he deposited Rs.1500/- in the Google pay account of his friend. After calling the Opposite Party again and again the balance has not been given. To receive the Complainant’s phone and money from the Opposite Party, the Complainant had to travel from Perungalathur to Nungambkkam nearly 5 times but still Rs.800/- is due from him. The Complainant has sent a notice through post on 12.03.2019 to the shop and 15.03.2019 to the Registered Office of the Company. The aforesaid acts amounts to deficiency in service and unfair trade practice hence the complaint.

3.    Inspite of receipt of notice, the Opposite Party has not appeared before this Commission and hence the Opposite Party was set exparte.

4.     The Complainant had filed Proof Affidavit and Written Arguments. Ex.A-1 to Ex.A-4 are marked on the side of the Complainant.

5.      Points for Consideration:-

1. Whether there is deficiency in service on the part of the Opposite Party?

2. Whether the Complainant is entitled for reliefs claimed?

3. To what other reliefs the Complainant is entitled to?

Point No.1:-

On perusal of Ex.A-1 it could be seen that the Complainant  paid a sum of Rs.2300/- on 08.01.2019 to the Opposite Party for mother board replacement of his Mobile. The contention of the Complainant is that even after several follow ups in person and over phone the Opposite Party has not repaired the phone, but  the Opposite Party handed over the phone  without repair and promised to refund the amount of Rs.2300/- paid by the Complainant. Out of Rs.2300/- a sum of Rs.1500/- was paid to the Complainant and the balance of Rs.800/- remains unpaid. In spite of notice the Opposite Party did not appear before this Commission and remained exparte and has not come forward to file Written Version and Proof Affidavit to answer the claim of the Complainant. The act of the Opposite Party by not repairing the phone by replacing the mother board inspite of receipt of entire payment by the Opposite Party, would amounts to deficiency in service. Considering the facts and circumstances of the  case this Commission holds that the Opposite Party had committed deficiency of service. Accordingly Point No.1 is answered.

Point Nos. 2 and 3:-

        As we have discussed and decided Point No.1 as against the Opposite Party, the Complainant is entitled for a sum of Rs.800/-  being the balance amount payable to the Complainant, and also entitled for a compensation of Rs.5,000/- and Rs.3,000 towards cost of the complaint. Accordingly, Point No.2 & 3 are answered.

        In the result this complaint is allowed in part. The Opposite Party is directed to refund a sum of Rs.800/-(Rupees Eight Hundred Only) towards the balance amount payable to the Complainant and to pay a sum of Rs.5,000/-(Rupees Five Thousand Only) towards compensation for mental agony sustained  on the deficiency of service along with the Cost of Rs.3000/- (Rupees Three Thousand Only).

        The Opposite Party is directed to pay the above amounts within 8 weeks from the date of this order, failing which the Complainant is entitled to recover the above amounts along with interest at the rate of 9% per annum from the date of this order  till the date of realization.

          In the result the complaint is allowed.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on  13^th June 2022.  

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                 B.JIJAA

         MEMBER II                       MEMBER I                        PRESIDENT

List of documents filed on the side of the Complainant:-

Ex.A1	07.01.2019	Invoice
Ex.A2	-	Back side of Invoice
Ex.A3	-	Postal acknowledgement
Ex.A4	-	Google Pay Statement and message

 

List of documents filed on the side of the Opposite Party:-

NIL

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                B.JIJAA

         MEMBER II                     MEMBER I                         PRESIDENT