BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT

C.C.No:145/2017  Filed on: 05.04.2017

ORDER DATED: 20.04.2018

Complainant:

(Party in person)

Opposite parties:

(by Adv. K.S. Vijayakumar)

This C.C having been heard on 15.03.2018, the Forum on 20.04.2018 delivered the following:

ORDER

SRI. P. SUDHIR, PRESIDENT:

The complainant’s case is that the complainant had purchased a Q412 Micro Max mobile set for Rs.8,999/- from the 2^nd opposite party vide invoice No.394 on 16.11.2016.  After 10 days of the purchase of the said mobile it has developed some defects and the complainant had approached the 2^nd opposite party and the 2^nd opposite party advised the complainant to approach the 3^rd opposite party who is the authorised service centre of the Micro Max Mobile handset.  The said mobile handset is having one year warranty.  As per the advise of the 2^nd opposite party the complainant had entrusted the said mobile hand set to the 3^rd opposite party and they told that it will take 21 days to rectify the defects.   After 21 days the 3^rd opposite party had handed over the said mobile to the complainant and again the said mobile had repeated the same complaint and thereafter the complainant approached the 2^nd opposite party and they informed that they had stopped the sales of the said mobile system since so many such complaints had reported from various customers.  The 2^nd opposite party informed that complainant has approached the 3^rd opposite party for rectification of the defects.  Thereafter the complainant approached the 3^rd opposite party and entrusted the mobile to the 3^rd opposite party for rectifying the defects.  It is to be noted that after 21 days, the said mobile system was handed over the complainant without curing the defects.  Moreover it is seen that there is some scratches on the said new mobile set, since it is handled by the inexperienced persons in the service station.  The complainant again approached the opposite parties and requested them to cure the defects but they are not responded to the request made by the complainant and the complainant has sent e-mail to the 3^rd opposite party requesting them to settle the issue permanently.  But even after repeated request from the complainant, the opposite party has neither cured the defects nor refund the purchase price, which tantamount to unfair trade practice and deficiency of service on the part of the opposite parties.

Notice sent to opposite parties and opposite parties not turned up and opposite parties set exparte. 

Issues

1. Whether there is deficiency of service or unfair trade practice on the part of opposite party?
2. Whether the complainant is entitled for the relief sought for?

Issues (i) and (ii)

          Complainant filed chief examination affidavit and Exts. P1 to P4 marked.  Since there is not contra evidence to look into we have no other option but to believe the version of the complainant and go with the evidence in hand.  We are of the opinion that there is deficiency of service and unfair trade practice on the part of opposite parties.  Hence opposite parties are jointly and severally liable to refund Rs.8,999/- and Rs.2,000/- as compensation for the mental agony suffered by the complainant and Rs.1000/- towards the cost of this proceedings. 

          In the result complaint is allowed and opposite parties are jointly and severally liable to refund Rs.8,999/- (Rupees Eight Thousand Nine Hundred and Ninety Nine) and Rs.2,000/- (Rupees Two Thousand) as compensation for the mental agony suffered by the complainant and Rs.1000/- (Rupees One Thousand) towards the cost of this proceedings within one month from the of receipt of this order failing which Rs.8,999/- carries interest at the rate of 6% per annum with the date of default till realisation.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 20^th day of April, 2018.

SL

C.C.No.145/2017

APPENDIX

1. COMPLAINANT’S WITNESS

2. COMPLAINANT’S DOCUMENTS

3. OPPOSITE PARTY’S WITNESS

4. OPPOSITE PARTY’S DOCUMENTS

                                                                        Sd/-

PRESIDENT