IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOLLAM
Dated this the 31st day of October 2018
Present: - Sri. E.M.Muhammed Ibrahim, B.A, LL.M. President
Sri. M.Praveen Kumar,Bsc, LL.B ,Member
CC.No.43/18
S.Sujan : Complainant
S/o Soman
Manayilkulangara ward,Kollam west village
Kollam Taluk, Kollam District.
[By Adv.Kaipuzha V.Ram Mohan]
V/s
Biju : Opposite party
Manager,Gionee Care Exclusive Service Centre
Ammachiveedu, Kollam west village
Kollam Taluk, Kollam District
[By Adv.P.Deepa]
FAIR ORDER
E.M.MUHAMMED IBRAHIM , President
This is a case based on a consumer complaint filed u/s 12 of the Consumer Protection Act.
The allegations in the complaint in short are as follows:-
The complainant approached the opposite party along with his M3 model Mobile Phone Gionee Company make having 2 sim cards. As one of the sim card has not properly working he entrusted the mobile phone to the opposite party on 10.01.18 to cure the defect in his mobile phone. After hearing the complainant regarding the defects the opposite party obtained the mobile phone went inside the shop and immediately returned and stated that the slot of the mobile phone has been replaced and demanded Rs.300/- from the complainant. Though the complainant has not demanded to replace the slot and it was done by the opposite party without his instruction he was reluctant to pay the amount. But as insisted by the opposite party he paid the amount of Rs.300/- and insisted
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to issue bill for having received the amount. But no bill has been issued, instead issued a document agreed to have received Rs.300/-.
On the same day when the complainant noticed that above mobile phone has got more complaint he approached another service centre and after verification it was informed that defect is due to the improper insertion of sim card in the mobile phone and there was no other defect. The said shop owner has further stated that the slot of the mobile phone has not replied as stated by the opposite party nor it was having any defect as claimed by the opposite party. Later the complainant approached the shop of the opposite party and informed that his mobile phone was not defective but error shown in the range was due to the improper insertion of the sim card. But the opposite party was not ready to pay heed to his statement. According to the complainant the opposite party realised the amount of Rs.300/- from the complainant in an unfair manner without doing any repair or replacement work in the mobile phone and hence there is unfair trade practice and deficiency in service on the side on the side of the opposite party.
The complainant issued a lawyer notice alleging deficiency in service and unfair trade practice and demanding to repay Rs.300/- and also to pay compensation to the tune of Rs.2000/-, the opposite party has received the notice but not sent any reply. Hence the complaint.
Though opposite party received notice and entered appearance before this forum on 13.04.18 he has not filed any version nor co-operated with the trail by cross examining the complainant and remain exparte.
The complainant filed proof affidavit and got marked Ext.P1 to P4 documents. The complainant filed proof affidavit by re-iterating the averments in the complaint. The unchallenged averments in the affidavit coupled with Ext.P1 estimate for Rs.300/- issued by the opposite party after receiving the amount would probabilise that the complaint approached the opposite party
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entered his mobile phone to cure the defect and the opposite party has received the amount of Rs.300/- from the complainant. Ext.P2 to P4 is copy of lawyer notice and postal receipt evidencing the sending of lawyer notice and postal endorsement regarding the receipt of P2 lawyer notice by the opposite party. It is clear from the above materials that though Ext.P2 notice alleging deficiency in service and unfair trade practice was received by opposite party he has not sent any reply disputing the allegations which would indicate that the claim of the complainant regarding deficiency in service and unfair trade practice committed by the opposite party is proved. Therefore the complainant is entitled to get an order to refund the amount unlawfully obtained from the complainant and also entitled to get compensation. In the result the complaint stands allowed in the following terms.
- Opposite party is directed to refund Rs.300/- being amount received unlawfully from the opposite party without curing the defect or replace the slot of the mobile phone of the complainant.
- The opposite party is also directed to pay Rs.2000/- as compensation for deficiency in service and unfair trade practice committed by the opposite party and also directed to pay Rs.1000/- to the complainant as costs of the proceedings.
The opposite party is directed to pay Rs.2300/- within 30 days from today failing which the complainant is entitled to recover the same with interest @ 12% p.a from the date of complaint till realisation along with costs Rs.1000/- from the opposite party and its assets.
Dictated to the Confidential Assistant Smt.Deepa.S transcribed and typed by her corrected by me and pronounced in the Open Forum on this the 31st day of October 2018.
E.M.Muhammed Ibrahim:Sd/-
M.Praveen Kumar:Sd/-
Forwarded/by Order
SENIOR SUPERINTENDENT
-
INDEX
Witness Examined for the Complainant:- Nil
Documents marked for the complainant
Ext.P1 : Estimate
Ext.P2 : True copy of Lawyer notice
Ext.P3 : Postal receipt
Ext.P4 : Complaint settled reply
Witness examined for the opposite party: Nil
Documents marked for the opposite parties:-Nil
E.M.Muhammed Ibrahim:Sd/-
President
M.Praveen Kumar:Sd/-
Member
Forwarded/by Order
SENIOR SUPERINTENDENT
