IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Thursday the 30th day of November, 2017
Filed on 29.05.2017
Present
1. Smt. Elizabeth George (President)
2. Sri. Antony Xavier (Member)
3. Smt. Jasmine D (Member)
in
CC/No.141/2017
Between
Complainant:- Opposite parties:-
Sri. Syamjith 1. Authorised Signatory
Puthenveli Cellular World
Kannankara.P.o Municipal Shopping Complex
Thanneermukkom, Alappuzha Cherthala-688524
2. Gionee
Synthech Technology Pvt. Ltd
E-9, Block No B-1
Ground Floor Mohan Co.op
Industrial Estate
Mathura Road, Block-E
Badarpur, New Delhi-110044
3. Voice –Plus- Cochin
2nd Floor, Aiswarya
Opp. FACT Godown
Karshaka Road, vyttila
Pin. 682016
O R D E R
SMT. JASMINE D. (MEMBER)
The case of the complaint in short is as follows:-
Complainant had purchased a mobile phone from the 1st opposite party manufactured by the 2nd opposite party for an amount of Rs. 8000/- on 9/1/2017. The opposite parties assured 1 year warranty for the product. On 26/1/2017 the product became defective and the defect has been intimated to the 2nd opposite party and the 2nd opposite party instructed the complainant to entrust the phone to the 3rd opposite party who is the authorized service centre of the 2nd opposite party. On inspection the 3rd opposite party informed the complainant that the defect is with regard to the mother board and it has to be replaced and it takes 45 days for repairing the product. According to the complainant had spent his hard earned savings to buy the product under the belief that he can use it for a reasonable period of time, but it became defective within one month from the date of purchase. The complainant sustained much mental agony and hence filed this complaint.
2. Notice were served to the opposite parties. But they did not appear before the Forum and hence opposite parties 1-3 were set expartie.
3. Complainant produced the original bill before the Forum which was marked as Ext.A1 and also produced the disputed phone before the Forum which was marked as Ext.MO1.
4. Considering the allegations of the complainant, the Forum has raised the following issues:-
1) Whether there is any deficiency in service on the part of the opposite parties?
2) Whether the complainant is entitled to get any reliefs?
5. Issues 1 and 2:-
The case of the complainant is that the complainant has purchased a phone on 9/1/2017 for an amount of Rs. 8000/-. The product has 1 year warranty. The product became defective within one month from the date of purchase and the defect has been intimated to the opposite parties, but they failed to rectify the product. The complainant sustained much mental agony and hence filed this complaint.
The complainant produced the phone and the original bill before the Forum. According to the complainant the phone is defective and he could not use the product. From Ext.A1 it can be seen that the complainant purchased the phone on 9/1/2017 and the product is under warranty. According to the complainant he had spent his hard earned savings to buy the product and he was under the belief that he can use it for a reasonable period of time. But the phone became defective within one month from the date of purchase. Even though notice was served to the opposite parties they did not turn up. On considering all aspects of the case we are fully convinced that the opposite parties failed to provide the assured after sale service to the complainant the product has not been rectified so far. So they have committed deficiency in service and the complainant is entitled to get the relief. The opposite parties are jointly and severally liable for the same.
In the result the complaint is allowed. The opposite parties are directed to refund the price of the mobile phone Rs.8000/- to the complainant. The opposite parties are further directed to pay an amount of Rs. 1000/- towards cost of the proceedings. Order shall be complied within one month from the date of the receipt of this order, failing which the amount Rs.8000(Rupees Eight thousand only) shall carry interest @ 9% per annum from the date of the complainant till realization. On compliance of the order the opposite parties can collect the Mobile phone from the office of the Forum.
Pronounced in open Forum on this the 30th day of November, 2017.
Sd/-Smt. Jasmine.D. (Member) : .
Sd/-Smt. Elizabeth George (President):
Sd/-Sri. Antony Xavier (Member) :
Appendix:-
Evidence of the complainant:-
Ext.MO1 - Mobile phone
PW1 - P.R.Uthaman
Ext.A1 - Original Bill dtd.11/6/2016
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite party/S.F.
Typed by:- br/-
Compared by:-
