Andhra Pradesh

Visakhapatnam-II

CC/308/2012

Siddireddy Varaha Janardhan Rao - Complainant(s)

Versus

Big C Mobile Private Limited - Opp.Party(s)

G.V.R. Murthy

19 May 2015

ORDER

  Reg. of the Complaint: 26-09-2012

                                                                                                                                      Date of Order:19-05-2015

BEFORE THE DISTRICT CONSUMERS FORUM-II

AT VISAKHAPATNAM

                   Present:                                                                                                                                                                                                                                              

1.Sri H.ANANDHA RAO, M.A., L.L.B.,

       President

2.Sri C.V.RAO, M.A., B.L.,

                                             Male Member

3.Smt.K.SAROJA, M.A., B.L.,

       Lady Member

                                            

 

TUESDAY, THE 19^TH DAY OF MAY, 2015

CONSUMER CASE NO.308/2012

 

BETWEEN:

Siddireddy Varaha Janardhan Rao, S/o Siddireddy Sankar Rao(late)

Hindu, aged 42 years, D.No.38-30-38/19,

Sai Nagar Line-5, Marripalem, Visakhapatnam-18.

…Complainant

AND:

1.Big C Mobile Pvt. Ltd., kown as Big C, Rep. by its Manager,

D.No.47-10-31, Guttikonda Mansions, 1^st floor, Dimond Park,

Visakhapatnam-16.

2.SAMSUNG Service Centre, D.No.47-11-3/8,  1^st floor,

Eswar Homes Above Idea Showroom, 1^st  Lane,

Dwarakanagar, Visakhapatnam-16.

3.Celkonlmplex Pvt. Ltd., represented., by its

Manager, Ground Floor, ‘A’Block, H.No.1-98/7/28,

Plot No.8 & 9, Ushassusirimalla Enclave,

Vittalrao Nagar, Madhapur, Hyderabad-500 081.

…Opposite Parties

This case coming on 12-05-2015 for final hearing before us in the presence of SRI G.V.R.MURTHY, Advocate for the Complainant, and of 1^st & 2^nd Opposite Parties being set exparte, and having stood over till this date for consideration, this Forum made the following.

 

ORDER

 (As per SMT.K.SAROJA, Honourable Lady Member on behalf of the Bench)

1. The case of the complainant in brief is that the complainant has purchased a SAMSUNG Mobile Model No.S 5780 by paying Rs.13,000/- to the 1^st Opposite Party on 04-10-2011. After purchase  of one month, the mobile was not worked properly. Then the complainant approached the 2^nd OP for rectification of problems. Again the complainant faced same problem of automatic switched off, Google not working, SMS not working and handed over the mobile phone to the 2^nd OP for its rectification. The complainant approached the 2^nd OP for the same problem on 09-12-2011, dated 29-02-2011, 09-02-2012 and 23-06-2012 respetively. On 23-06-2012, the complainant faced the problem with outgoing calls and internet problem, then he approached the 1^st OP and handed over the mobile phone to the OP, the OP returned it back to the complainant but the problem was not rectified.  Inspite of many requests made by the complainant, the OPs did not rectify the problem till now. Hence this complaint.

1. to direct the Ops to refund the amount of Rs.13,000/- towards the cost of the mobile with subsequent interest thereon from 4-10-2011 till realization.
2. To pay Rs.50,000/- towards mental agony;
3. To pay Rs.10,000/- towards transportation;
4. To pay Rs.10,000/- towards costs;
5. For such other relief or reliefs as the Honourable Forum deems fit      and proper in the circumstances of the case.

2.       The 1^st and 2^nd Opposite Party did not appear before this Forum, hence, they were set exparte and remained exparte.

3.       The case against the 3^rd OP is dismissed as the complainant did not take steps against the 3^rd OP.

4.       At the time of enquiry, the complainant filed affidavit and written arguments to support his contention. Exhibits A1 to A7 are marked for the complainant. Heard the complainant.

Exhibit A1 is the Cash Bill dated 04-10-2011, Exhibit A2 is the Samsung Service Job Sheet dated 09-12-2011, Exhibit A3 is the Sansung Service Job Sheet dated 09-02-2012, Exhibit A4 is the Samsung Service job sheet, dated 29-02-2012, Exhibit A5 is the Big C Mobiles Job Work Sheet, Exhibit A6 is the Legal Notice dated 17-09-2012 and Exhibit A7 is the Legal Notice dated  dated 18-09-2012.

5.       The fact shown from Exhibits A2, A3, A4 and A5 reveals that the complainant approached the service centre for rectification of the problems in the said mobile phone as per the job cards. The service centre people  noted the nature of the complaint as automatic switched off, google net not orking, SMS not working on 9-12-2011. According to Exhibit A3, the problem noted  in the nature of the complaint column as messages not sent and software updated. The same problem was noted in Exhibit A4. These documents reveal that the OPs did not rectify the problem completely and hand over it to the complainant.

6.       The point that would arise for determination is:

Whether there is any deficiency of service on the part of the OPs? If so, Whether the Complainant is entitled to the   reliefs asked for?

7.       After careful perusal of the case record, this forum finds that the complainant purchased the mobile phone on 4-10-2011. After one month of its purchase, the complainant faced many problems which were noted by their technicians. According to Exhibits A2 to A5, the complainant purchased the mobile phone with a fond hope to maintain cordial relations with his friends and relatives. He faced many problems with the defective phone. But the OPs did not rectify the problem when the complainant handed over the mobile phone repeatedly with the OP, the same problem repeated in the said mobile phone. Though the mobile phone has under warranty, the OP did not rectify the problems nor refund the cost of the mobile phone to the complainant amounts to the deficiency in service coupled with unfair trade practice on the part of the Ops 1 and 2. Hence, the complainant is entitled to cost of the mobile phone with interest, some compensation and costs too. The acts of the OPs forced to file complaint before this Forum as they were not rectified the problem in the said mobile phone.

7.       In the result, this complainant is allowed, directing the Opposite Parties 1 and 2 to pay Rs.13,000/- (Rupees thirteen thousand only) with interest @ 9% p.a., from 18-09-2012 till the date of realization, to pay a compensation of Rs.3,000/- (Rupees three thousand only) and costs of Rs.2,000/-(Rupees Two thousand only) to the complainant.  Time for compliance one month from the date of this order.

Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open Forum, on this the 19^th day of May, 2015.                                                  

 

    Sd/-                                                                Sd/-                                                   Sd/-

M.MEMBER                                                     PRESIDENT                                                L.MEMBER  

 

APPENDIX OF EVIDENCE

 

Exhibits Marked for the Complainant:        

Exhibits	Date	Description	Remarks
A-1	04-10-2011	Cash Bill	Original
A-2	09-12-2011	Samsung Service Job Sheet	Photostat copy
A-3	09-02-2012,	Samsung Service Job Sheet	Photostat copy
A-4	29-02-2012,	Samsung Service job sheet	Photostat copy
A-5	23-06-2012	Big C Mobiles Job Work Sheet	Photostat copy
A-6	17-09-2012	Legal Notice	Office Copy
A-7	18-09-2012	Legal Notice	Office copy

 

Exhibits Marked on behalf of the OPs:    -nil-

 

 

   Sd/-                                                                             Sd/-                                                 Sd/-

M.MEMBER                                                     PRESIDENT                                                L.MEMBER