Karnataka

Belgaum

CC/805/2014

Ninganagouda B Patil - Complainant(s)

Versus

Atul Enterprises - Opp.Party(s)

S M Kamat

09 Mar 2015

ORDER

(Order dictated by Smt. S.S. Kadrollimath, Member)

ORDER

          U/s. 12 of the C.P. Act, the complainant has filed the complaint against the O.Ps. alleging sale of defective mobile hand set.

          2) O.Ps. in-spite of service of notices, have remained exparte.

          3) In support of the claim of the complaint, the complainant has filed affidavit and produced some documents.

4) We have heard the arguments of the complainant and have perused the records.

          5) Now the point for our consideration is that whether the complainant has proved sale of defective mobile hand set by the O.Ps. as well as deficiency in service and that he is entitled to the reliefs sought?

          6) Our finding on the point is partly in affirmative, for the following reasons.

:: R E A S O N S ::

            7) The complainant has claimed that he purchased Q900 Xolo mobile from the O.P. No.2 dealer for a sum of Rs.11,800/- on 1/5/2014 bearing invoice No.766. In the month of October the said the said hand set has started giving problems regarding screen. The complainant brought the said problem to the notice of O.P.2. The O.P.2 advised the complainant that to approached O.P.1 who is authorized service centre. Thereafter the complainant visited the O.P.1 on 20/10/2014 and handed over the said mobile for necessary repairs. After receiving the hand set the O.P.1 issued job card bearing No.4453 and told the complainant collect the repaired hand set after 20 days. Thereafter the complainant contacted the O.p.1 regarding the handset the O.P.1 gave an evasive reply. Again the O.P.1 told the complainant to come after another 15 days. At the time the complainant does not have another spare hand set, the complainant is facing a lot of hardship and inconvenience without having hand set. The complainant states that on 17/11/2014 issued legal notice to hand over the repaired mobile hand set within 7 days from the date of legal notice. Inspite of notice served the O.Ps. did not reply to the legal notice, hence the complainant constrained to filed this complaint.

          8) The O.P. No.1 & 2 though notice was served to them issued from the forum did not appeared. Hence, the both the O.Ps. placed exparte. We have heard the argument submitted by the complainant and the prayer made by the complainant that he has suffered mental harassment and monitory loss. The another prayer of the complainant is that the O.P. should repair the hand set and it should be fit to use. The complainant also prayed to award cost of Rs.15,000/-. The prayer made by the complainant that the O.Ps. shall repair the mobile handset, at this juncture looking towards conduct of the O.Ps. and also that the O.Ps. have fail to hand over the mobile handset to the complainant without repair and that the mobile handset is still lying with O.Ps. service centre 20/10/2014.  Therefore it would not be feasible to order the O.Ps. to repair the mobile hand set and handover the same to the complainant . Hence we are of the opinion and it is better that O.Ps. shall pay the cost of the handset or the new mobile. Thus, the complainant has proved sale of the defective mobile hand set by the O.Ps. and further, the complainant has proved that in-spite of the requests made, the O.Ps. or customer care failed to remove defects and to redress grievance of the complainant.

          10) Accordingly, following order.

ORDER

          Complaint is partly allowed.

          The O.Ps. are hereby directed to hand over to the complainant new mobile hand set of the same model with same features with warranty within 15 days from the date of receipt of certified copy of the order. If the O.Ps. fail to hand over to the complainant new mobile hand set of the same model with same features with warranty, within 15 days from the date of receipt of certified copy of the order. The O.Ps. shall pay the cost of the handset of Rs.11,800/- as per the invoice amount, within one month from the date of the order, failing which, amount will carry interest at the rate of 10% P.A.

So also, The O.Ps. are hereby directed to pay a sum of Rs.2,000/- to the complainant towards costs of the proceedings.

Further, The O.Ps. are hereby directed to pay a sum of Rs.2,000/- to the complainant as a compensation.

          (Order dictated, corrected and then pronounced in the open Forum on: 9^th March 2015)

            Member                       Member                         President.

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