THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.
C.C.596/2014
Dated this the 17th day of October, 2016
(Smt. Rose Jose, B.Sc, LLB. : President)
Smt.Beena Joseph, M.A : Member
Sri. Joseph Mathew, M.A., L.L.B. : Member
ORDER
Present: Rose Jose, President:
This petition is filed under Section 12 of Consumer Protection Act, 1986for getting an order directing the opposite party to refund the sum total of Rs.65,800/-, including the price of mobile Rs.39,500/-, compensation amount of Rs.20,000/- and Rs.6,300/- as the amount paid by the petitioner to the opposite party for repairs.
The allegation of the petitioner is as follows: The complainant purchased a Sony Xperia Z mobile from Mehabil Mobiles, Malappuram on 04/08/2013 at a price of Rs.39,500/-. On 15/10/2014, the display screen of Mobile became broken and resulted with ceasement of its function, the petitioner approached the opposite party and entrusted the mobile with the opposite party for repair. As demanded by the opposite party, petitioner paid Rs.3,000/- as charge for rectification work and opposite party issued a job sheet bearing No.193 dated 15/10/2014 and assured him that they will returned the rectified mobile within one week. But they have not fulfilled their promises. After repeated demands and requests, opposite party returned the mobile and demanded additional amount of Rs.3,500/- as repair charge, for that amount they have not issued any receipt. Even though they have returned it, after repair, the defect was not completely cured, networking system was not functioning properly and the petitioner returned the same for further repair at the same time. But they were not ready to repair at free of cost or to provide guarantee. Now the mobile is within the custody of opposite party. The petitioner further alleged that even after taking ample time for repair, the defects were still persisting and this negligence and delay in repairing amounts to deficiency in service on their side caused mental agony and inconvenience to him. Moreover mobile is very essential for his work, due to this delay and negligence in the repair, he incurred heavy financial loss. Hence this petition.
On taking the case into the file of this Forum, notice issued to the opposite party was accepted and he appeared and agreed and settle the matter by repairing the mobile at free of cost. But after that they have not either settled or filed version. Hence they set ex-parte.
When the case is posted for evidence petitioner filed the affidavit and tow documents which are marked as Ext. A1 and A2. While going through the affidavit and perusing the Ext.s, it is seen that complainant has entrusted the mobile which worth Rs.39,500/- with the opposite party, for repair and is still in the custody of the opposite party.
The petitioner averred that as an employee the mobile is very much essential for his work and day to day affairs. The delay, negligence and the failure in the repair of the mobile defeated the very purpose of its purchase and that caused loss of his work and also other personal inconvenience. As a world of Hightech communication facility “A day without mobile facility is unimaginable”.
The opposite parties not challenged the averments of the complainant or the veracity of the documents produced by the complainant. As the mobile is not in the warranty period and the fault is not due to any manufacturing defect, the petitioner is not entitled to get the refund of the price of mobile. During the proceedings in this Forum, on 24/06/2015 opposite party expressed their willingness to rectify the mobile at free of cost, but they are not ready to provide warranty and the matter is not settled and after that opposite party set ex-parte. Nothing has been produced by the complainant to show his loss. Hence we fix Rs.2,000/- as compensation which we feel just and proper.
Considering the facts of the case and based on the evidence adduced by the petitioner, we are also of the view that the said act of the opposite party amounts to deficiency in service o their part and that caused much inconvenience and mental agony.
Hence the following order is passed. The opposite party is ordered to hand over his mobile defect free and to pay Rs.2,000/- (Rupees two thousand only) as compensation and Rs.1,000/- (Rupees one thousand only) as cost of the proceedings within 10 days from the date of receipt of this order. Failing which the opposite party shall pay an additional amount of Rs.2,000/- as penalty for the delay.
Dated this the 17th day of October, 2016
Date of filing: 21/11/2014
SD/-MEMBER SD/- PRESIDENT SD/- MEMBER
APPENDIX
Documents exhibited for the complainant:
A1. Estimate issued by the opposite party
A2. Job sheet issued by the opposite party
Documents exhibited for the opposite party:
Nil
Witness examined for the complainant:
None
Witness examined for the opposite party:
None
Sd/-President
//True copy//
(Forwarded/By Order)
SENIOR SUPERINTENDENT
