DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD

Dated this the 23^rd day of July, 2019

Present: Smt.Shiny.P.R, President

           : Sri. V.P.Anantha Narayanan, Member           Date of Filing: 21/02/2019

                                                      (C.C.No.43/2019)      

Anoojkhan.C.A,

S/o.C.Azeez,

27/270, Devi Nagar,

Thathamangalam,

Palakkad – 678 102.                                                -        Complainant

(By Party in Person only) 

Vs

 1. The Manager,    Agnus Mobile Care,

    1^st Floor, Adam Complex,

    Shornur Road, Nurani,

    Palakkad – 678 014.                                            -        Opposite parties

2. The Manager,

    Rising Stars Mobile India Pvt. Ltd.,

    380, Belerica Road,

    Sri City, Chittoor District,

    Andhra Pradesh – 517541.

O R D E R

By Smt.Shiny.P.R.  President.

Brief facts of complaint.

The complainant had purchased a mobile phone of Redmi Note Pro for an amount of Rs.12,599/- on 28/12/2018 through Flipkart. MI is the manufacturer of the phone. The phone has a guarantee of 12 months. The complainant was using the mobile with due care and caution. But within one month complainant noticed a dent and abnormal heat in the phone. Then he approached 1^st opposite party who is the authorized dealer of MI manufacturer. After examining the phone 1^st opposite party informed that the bent was happened due to the damage of battery and they demanded Rs.6,958.46/- from the complainant for curing the defect of mobile.   According to complainant opposite parties have the duty to cure defect of mobile which has a warrantee of one year at free of cost. Opposite parties did not cure the defects of mobile till the date of filing complaint. The above act of opposite parties amounts to deficiency in service. Hence the complaint. Complainant prays for an order directing opposite parties to pay cost of mobile and Rs.10,000/- as compensation for mental agony.

         Complaint was admitted and issued notice to opposite parties. After accepting notices opposite parties appeared before the Forum. But no version filed. Hence set ex-parte.

Complainant filed chief affidavit. Exts.A1 to A3 were marked from the side of the complainant. 

The following issues are raised for consideration

1. Whether there is deficiency in service on the part of opposite parties?
2. If so, what is the relief?

Issues 1&2

Heard. We have perused the documents filed by the complainant.

Ext.A1 proves that complainant had purchased Redmi Note Pro for an amount of Rs.12,599/- on 28/12/2018  through Flipkart. On the perusal of Ext.A2 it is revealed that the batteries have the warrantee of 6 months. As per Ext.A3 service record dated 28/01/2019 it is seen that the mobile has the problem of dent, heating while app running and standby. This service record was issued by 1^st opposite party. On  the perusal of these documents it seen that the above said mobile phone showed the problem of dent, heating while app running and standby within one month from the date of purchase. It seems that the above said defects were happened due to the problem of battery. As the opposite parties remained ex-parte, the evidence tendered by the complainant stands unchallenged.  As per service record issued by the 1^st opposite party to cure the defect of mobile the charge to be paid by the complainant is Rs.6,958.46/-. Opposite parties have no authority to charge this amount from the complainant as the battery has the warranty of 6 months. In the above circumstances opposite parties have the liability to cure the defects of mobile by replacing the battery at free of cost. 

In the result complaint is allowed. Opposite parties are jointly and severally directed to cure the defects of mobile by replacing the battery at free of cost within one month from the date of order.  If the opposite parties are not comply the above order within one month from the date of receipt of this order, complainant is entitled to get Rs.6,958/-(Rupees Six Thousand Nine hundred and fifty eight only) being the repair charges to be incurred by the complainant to cure the defect of mobile along with 9% interest per annum from the date of order, till realization.

Pronounced in the open court on this the 23^rd day of July, 2019.

 Sd/-

               Shiny.P.R.

               President   

  Sd/- 

     V.P.AnanthaNarayanan

                Member

Appendix

Exhibits marked on the side of complainant.

Ext.A1 – Service Record dated 28/01/2019 issued by 1^st opposite party to the

             complainant.

Ext.A2 - Online tax invoice No.FABY081900012127 dated 28/12/2018.(Flipkart)

Ext.A3 – Warranty and instruction manual.

Exhibits marked on the side of complainant

NIL

Witness examined on the side of complainant

NIL

Witness examined on the side of opposite parties

NIL

Cost:     Nil