Per Sri A. Hazarath Rao, President:-
The complainant filed this complaint under section 12 of the Consumer Protection Act, 1986 seeking compensation of Rs.10,000/- towards damages, suffering, inconvenience and mental agony and Rs.2000/- towards legal expenses.
2. In brief the averments of complaint are these
The complainant has been working as TMM/Grade-III at Rayanapadu CPOH Workshop, South Central Railway while residing at Guntur. The complainant on 08-09-10 purchased a mobile manufactured by M/s.Celkon Company, model No.C347 for Rs.1250/-. On 24-09-10 at about 3.00 pm while the complainant was at his work place tried to receive a call from his friends. Though the caller’s number was displayed on the screen, the complainant was unable to receive the call. The complainant brought the said defect to the notice of opposite party and requested them to rectify the problem. On 28-09-10 the opposite party informed the complainant that phone will be replaced as there was a major problem and required the complainant to submit all the accessories given to him at the time of purchase. The complainant submitted all the accessories except packing box and informed the opposite party that it was misplaced. The opposite party insisted for packing box and did not replace it. The conduct of opposite party amounted to deficiency of service. The complaint therefore be allowed.
3. The opposite party remained exparte.
4. Ex.A1 and A2 were marked on behalf of complainant.
5. Now the points for consideration are
- Whether the opposite party committed deficiency of service?
- Whether the complainant is entitled for compensation and if so to what amount?
- To what relief?
6. POINT No.1
To prove the factum of purchase and warranty, the complainant filed Ex.A1 and A2. Ex.A1 revealed that the complainant purchased Celkon mobile Model C347 on 08-09-10 for Rs.1250/-. Ex.A2 warranty deals with warranty coverage and how to get warranty services among others.
7. How to get warranty servicein Ex.A2 reads as follows:
· If your wish to make claim under the limited warranty, where necessary return the mobile phone, charger, battery, accessory or MMC Card to CIPL or its Authorized Service Center.
· The effected mobile phone, charger, battery, accessory or MMC card must be returned to CIPL or its Authorized Service Center before expiry of the warranty period along with this warranty card and original proof of purchase.
8. No where in the warranty card it was mentioned that the purchaser has to return the package box also in case of replacement. As the opposite party remained exparte, the contents of the complaint and affidavit are deemed to have been proved.
9. The conduct of opposite party in not replacing mobile purchased under Ex.A1 amounted to deficiency of service. Hence, this point is answered in favour of the complainant.
10. POINT No.2
The complainant claimed a sum of Rs.10,000/- as damages. What is the loss he sustained on account of not functioning mobile, did not find place in the complaint. Under those circumstances, directing the opposite parties to return the amount covered by Ex.A1 bill will meet ends of justice. Awarding sum of Rs.500/- towards damages and Rs.500/- towards costs will meet ends of justice. Hence, this point is answered accordingly.
11. POINT No.3
In view of findings on points 1 and 2, in the result, the complaint is allowed partly in terms as indicated below:
1. The opposite party is directed to pay Rs.1250/- (Rupees twelve hundred and fifty only) being value of mobile to the complainant subject to return of mobile with accessories except packing box.
2. The opposite party is directed to pay sum of Rs.500/- (Rupees five hundred only) towards costs and Rs.500/- (Rupees five hundred only) as compensation to the complainant.
3. The complainant should return the mobile purchased under Ex.A1 with all accessories except packing box.
4. The above orders shall be complied within six weeks from the date of receipt of copy of this order, failing which the amounts ordered above shall carry interest @ 9% p.a. till the date of realization.
Typed to my dictation by the Junior Steno, corrected by us and pronounced in the open Forum this the 6th day of May, 2011.
MEMBER MEMBER PRESIDENT
APPENDIX OF EVIDENCE
DOCUMENTS MARKED
For Complainant:
Ex.Nos. |
DATE |
DESCRIPTION OF DOCUMENTS |
A1 |
08-09-10 |
Cash bill for purchased of cell phone by opposite party |
A2 |
|
Warranty along with user guide |
For opposite party: NIL
PRESIDENT
