O R D E R
SUBHASH GUPTA, MEMBER
The complainant has filed the present complaint against the O.P. under section 12 of Consumer Protection Act, 1986. The facts as alleged in the complaint are that the complainant has purchased a Blackberry mobile phone for a sum of Rs.14,500/- from the OP-1 on 17.3.2013. It is alleged that after 2-3 days of purchase the said mobile phone started giving problems and the complainant immediately took the phone to OP-1 and requested to change the defective phone. It is alleged that OP-1 clearly denied replacing the defective phone and saying that once the phone is sold they have no responsibility whatsoever. It is alleged that the complainant sent the phone to service centre at NOIDA on 23.9.2013 and the same was returned to the complainant after few days stating that now the phone will function properly. It is alleged that in the month of May 2014 the said phone again started giving problem and the same was deposited with the OP-3 on 28.5.2014. Since then the mobile phone is with the OP-3. The complainant has alleged deficiency in service and has sought new mobile phone as the same was defective and has not been returned so far. On these facts complainant filed the complaint on 4.7.2014 praying that OPs be directed to replace the mobile phone and pay Rs.30,000/- for causing deficiency of services and Rs.30,000/- for causing mental pain and agony and also Rs.20,000/- as litigation expenses.
2. Notice was given to the OPs and OP-1 filed written statement in response to the complaint. None appeared on behalf of OP-2 & 3 and they were preceded as Ex-parte on 16.10.2014. In the written statement OP-1 admitted the sale of mobile phone to the complainant. It is alleged that at the time of purchase the mobile phone was handed over to the complainant in a sealed pack box after which was opened by the complainant he satisfied himself as to functioning of the said mobile phone. It is alleged that at the time of sale of mobile phone the complainant was informed about the terms and conditions laid down by the manufacturer of the mobile. It is alleged that OP-1 has no role to play in the matter as the OP-1 is merely a shopkeeper who deals with sale of the mobile phone only and is not a manufacturer. It is also alleged that the complainant never approached to OP-1 with the alleged problem in mobile phone and complainant took the phone to OP-3(authorized service centre), therefore the OP-1 is not a necessary party and hence the present complaint be dismissed.
3. Both the parties have filed their evidences and the affidavit reiterating the averments made in the complaint as well as in the written statement.
4. We have gone through the pleadings and documents filed by the parties. The job sheet dated 28.5.2014 shows that mobile handset was under warranty and as per the complainant the same has not been returned back after repairs to him. The OP-1 has denied his liability for the defective mobile handset or deficiency in service. The OP-1 cannot escape the liability of defective mobile handset or deficiency in service as he is the face of manufactures who sale their products through it. According to the complainant the handset was purchased on 17.3.2013 and it was deposited to OP-3 for repairs on 28.5.2014, which shows that the mobile handset was under use by the complainant for more than one year. Since the job sheet dated 28.5.2014 indicates that the warranty still existed, therefore the interest of justice would be met if 50% of the cost of the mobile handset is refunded to the complainant by the OPs.
4. Accordingly, complainant is awarded a sum of Rs.6444/- as 50% of the cost price of mobile handset. It is added that Rs.1611/- was paid on this mobile handset on account of VAT and the same has been deposited to the public exchequer, therefore this amount is not included in the cost price of mobile handset. Complainant is also awarded a sum of Rs.3000/- as compensation towards mental agony and harassment etc. which will also include cost of litigation. Ordered accordingly.
Copy of the order be sent to the parties as per rules.
Announced on this 20th day of January, 2016.
(K.S. MOHI) (SUBHASH GUPTA) (SHAHINA)
President Member Member
