DATE OF FILING : 23.10.2018

IN THE CONSUMER DISPUTES  REDRESSAL FORUM, IDUKKI

Dated this the  30th  day of  April,  2019

Present :

SRI. S. GOPAKUMAR PRESIDENT

SMT. ASAMOL. P    MEMBER

CC NO.193/2018

Between

Complainant       :   Pious, S/o. Thomas,

Valliyamthadathil House,    

Mariyapuram P.O.,

Vellakkayam, Idukki.

(By Adv: Fenil Jose)

And

Opposite Parties                                          :   1.  Bineesh Mathew,

       Proprietor,

       Mobile Point,  Cheruthoni,

       Idukki. 

  2. The Proprietor,

      Spectrum Solutions,

      Lava Mobile Service Centre,

      Erattayar Road, 

      Near Corporation Bank, Kattappana,

                                                                   Kattappana, Idukki.

  3. Lava International Ltd.,

      A-56, Sector – 64, 

     Noida – 201 301,

     Uttarpradesh.

 

O R D E R

 

SRI. S. GOPAKUMAR, PRESIDENT

 

The case of the complainant is that,

 

Complainant purchased a Lava-Z 60 model mobile phone from 1st opposite party on 8.11.2017, for an amount of Rs.6300/- manufactured by 3rd opposite party.  At the time of purchase, 1st opposite party confirmed 2 years warranty to this phone.  While using this phone, within a short period of its purchase, the complainant noticed that the phone is self switching off.  When this problem repeated, the complainant entrusted this phone to the 1st opposite party on 2.8.2018.  At that time, 1st opposite party stated that, since the mobile phone covers warranty, they will sent it to the 2nd opposite party, the authorised 

(cont.....2)

-  2  -

service centre of Lava phones and cure the defect at free of cost.  Thereafter the complainant approached 1st opposite party so many time for getting back his phone after curing its defects.  While so, on 6.9.2018, complainant received a message from 2nd opposite party, in his temporary using mobile, stating that, his complaint is registered as 510015747396.  On further enquiry, 2nd opposite party stated that, complainant is liable to pay Rs.2500/- as the repairing cost of the phone.  Complainant further averred that, the defect in the phone occurred on its warranty period and opposite parties are liable to rectify it free of cost.  Demanding any amount as repairing charges in the warranty period is gross deficiency in service as well as unfair trade practice.

 

Against this act of the opposite parties, complainant filed this petition for getting reliefs such as to direct the opposite parties to return the above said mobile phone after curing the defect at free of cost or else direct the opposite parties to return the purchase price along with compensation and cost.

 

Notice send to the opposite parties are properly served.  Eventhough the acceptance of the notice, opposite parties failed to appear before the Forum and resist the allegations levelled against them.  After allowing sufficient time for appearing, opposite parties 1 to 3 set exparte.

 

Exparte evidence taken and evidence adduced by the complainant by way of proof affidavit and documents such as cash bill dated 8.11.2017 issued by 1st opposite party, warranty card and print out of SMS send by 2nd opposite party  are marked as Exts.P1 to P3 respectively.

 

Heard.

 

The point that arose for consideration is whether there is any deficiency in service from the part of opposite parties and if so, for what relief the complainant is entitled to ?

 

The POINT :-  On evaluating the evidence on record, it is seen that non of the contention in the complaint are denied or challenged by the opposite parties.  Opposite parties 1 to 3 already set exparte.

 

Under the above circumstances, the Forum finds that, nothing to disbelieve the averments in the complaint.  Hence the complaint allowed.  Forum direct the opposite parties 1 and 3 to return the mobile phone which is discussed above to the complainant after curing its defect, to the satisfaction of 

    (cont.....2)

-  2  -

the complainant at free of cost, or else opposite parties 1 and 3 are directed to pay the purchase price of the mobile phone as per Ext.P1, jointly.  Opposite parties 1 and 3 are further directed to pay Rs.2000/- as litigation cost to the complainant jointly.  The above directions shall be complied within 30 days from the date of receipt of copy of this order, failing which the amount stated above except the cost shall bear 12% interest from the date of default, till its realisation.

 

             Pronounced in the Open Forum on this the 30th day of April, 2019

 

Sd/-  

    SRI. S. GOPAKUMAR, PRESIDENT

Sd/-

SMT. ASAMOL. P, MEMBER

 

 

 

APPENDIX

Depositions :

Nil.

Exhibits :

On the side of the Complainant :

Ext.P1            -  cash bill dated 8.11.2017 issued by 1st opposite party. 

Ext.P2            -  warranty card.

Ext.P3          -  print out of SMS send by 2nd opposite party.

On the side of the Opposite Party :

Nil.

 

 

                Forwarded by Order,

 

 

 

 

         SENIOR SUPERINTENDENT