Andhra Pradesh

Visakhapatnam-II

CC/20/2012

Machavarapu Manasa - Complainant(s)

Versus

Cell Point - Opp.Party(s)

M. Manasa (In Person)

27 Jan 2015

ORDER

                                              Date of Registration of the Complaint:13-01-2012 

                                                                                                Date of Order:27-01-2015

BEFORE THE DISTRICT CONSUMERS FORUM-II AT

                             VISAKHAPATNAM

 

P  r  e  s  e  n  t:

1.  Sri H. Ananda Rao, M.A., L.L.B.,

     President           

2. Smt K. Saroja, M.A. B.L.,

     Lady Member 

                                3. Sri C.V. Rao, M.A., B.L.,

                                     Male Member

 

                         Tuesday, the 27^th day of January, 2015.

                             CONSUMER CASE No.20/2012

Between:-

Kum. Machavarapu  Manasa, D/o M. Ramachandra Rao,

Hindu, aged 22 years, Student, resident of Flat No.2,

Vishnu Suvasa Apartments, Vidyuth Nagar,

Visakhapatnam-530 024.

                                                                                        ….. Complainant

And:-

1.Cell Point, Shop No.2, Tirumala Plaza,

   # 30-15-140, Opp: Samsung Showroom,

   Dabagardens, Visakhapatnam-530 020,

   represented by its Proprietor,.

2.The Authorized Person, Fly Mobile, No.2,

   CSD, Acharya Tulasi Marg. 2^nd Main,

   2^nd Floor, Gandhi Nagar, Bangalore-560 009.

3.Fly Mobile Service Centre, Arun Cell Care, GF-2,

   Roshni  Palace, D. No. 47-3-7, Dwaraka Nagar,

   5^th Lane, Visakhapatnam, represented by its

   Proprietor Mr. Arun Kumar.

                                                                                        …  Opposite Parties

                     

This case coming on 12.01.2015 for final hearing before us in the presence of Kum. M. Manasa (Inperson) of the Complainant and Sri B.V. Appa Rao, Advocate for the 1^st Opposite Party and the Opposite Parties 2 and 3 being 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 purchased a Mobile Phone from the  1^st Opposite Party on 24.10.2011 for an amount of Rs.2,600/-.   The 2^nd Opposite Party is the manufacturer of the above said FLY Mobile Phones.   The 3^rd Opposite Party is the Authorized Service Centre.   After one week of its purchase, the mobile phone had given troubles viz., there is no clarity of voice and mike did not work properly.   Immediately, the Complainant approached the 1^st Opposite Party and informed the above said defects and requested the 1^st Opposite Party to rectify the same.   The 1^st Opposite Party made some adjustments and assured the Complainant that if the problem repeated again, he looked into the matter.   But again new problems are arisen with regard to the battery of the above said Mobile Phone and even though the Mobile Phone shows full charging.   Then the Complainant approached the 1^st Opposite Party and explained the above problem in the mobile phone.   By the advice of the 1^st Opposite Party, the Complainant approached the Service Centre; they have changed the battery and returned the Mobile Phone.    Though the battery changed by the 3^rd Opposite Party said mobile phone is not working properly.   Inspite of many requests made by the Complainant, the Opposite Parties did not rectify the same or replace it with a new Mobile Phone to the Complainant till now.    Hence, this Complaint.

 

2.       a) Exchange the Mobile Phone with that of a New working condition Mobile Phone or to refund a sum of Rs.2,600/- (Rupees two thousand and six hundred only) towards the costs of the FLY Q135 Mobile Phone together with interest @ 18% P.A. on it from the date of purchase of the phone i.e., 24.10.2011 till realization;

          b) A sum of Rs.10,000/- towards compensation, mental agony, pain and suffering;

          c) For Costs of the Complaint at Rs.3,000/-; and

          d) For such other relief or reliefs as the Forum may deems fit and proper in the circumstances of the case.      

 

3.       The 2^nd  and 3^rd Opposite Parties did not appear before this Forum,    Hence, they were set exparte and remained exparte. 

 

4.       The 1^st Opposite Party strongly resisted the claim of the Complainant by contending, as can be seen from its counter.   The 1^st Opposite Party denied the allegations of the Complainant stating that the manufacturing company is only responsible for their product as such the company provided warranty and also provided their Authorized Service Centre.   So, the 1^st Opposite Party is not liable for any damages as they had only sellers of the said Mobile Phone.   So, they have no liability to pay any reliefs asked by the Complainant.

 

5.       At the time of enquiry, the Complainant filed affidavit as well as written arguments to support her contentions.  The 1^st Opposite Party did not file affidavit and written arguments.   Exs.A1 and A2 are marked for the Complainant.   No documents were marked for the Opposite Parties.  Heard the Complainant.

 

6.       Ex.A1 is the Sales Invoice dated 24.10.2011.  Ex.A2 is the Warranty Certificate of the FLY Mobile Phone issued by the 2^nd Opposite Party on 24.10.2011.

 

7.       The fact shown from Exs.A1 and A2 reveals that the Complainant purchased a FLY Mobile Phone on 24.10.2011 for an amount of Rs.2,600/- from the 1^st Opposite Party.   The 2^nd Opposite Party gave one year warranty for the said mobile phone.

 

8.       The point that would arise for determination in the case is:-

Whether there is any deficiency in service on the part of the Opposite Parties.   Whether the Complainant is entitled to any reliefs asked for?

 

9.         After careful perusal of the case record, this Forum finds that the Complainant purchased the Mobile Phone on 24.10.2011 and it gave troubles within a week.  As the 1^st Opposite Party took the money and sold the defective phone, he is solely responsible.    For all practical purposes, the 1^st Opposite Party has sold a defective Mobile Phone knowingly to the Complainant.   So, he cannot avoid his liability.    Moreover, the 1^st Opposite Party did not deny that the phone is not defective one.   The Complainant suffered a lot of mental agony by purchasing the said mobile phone as it gave troubles within a week from the 1^st day onwards.    The Complainant approached the 1^st Opposite Party to rectify the problems, but the 1^st Opposite Party failed to rectify the same.   It amounts to deficiency in service coupled with unfair trade practice on the part of the 1^st Opposite Party only.   Hence, the Complainant is entitled to cost of mobile with interest, some compensation and costs too.

10.     In the result, this Complaint is allowed directing the 1^st Opposite Party only: a) to pay a sum of Rs.2,600/- (Rupees two thousand and six hundred only) with interest @ 9% p.a. from 24.10.2011 till the date of actual realization, b) a compensation of Rs.1,000/- (Rupees One thousand only) and c) Costs of Rs.1,000/- (Rupees One thousand only) to the Complainant.   Time for compliance, one month from the date of this order.   However, the case against the Opposite Parties 2 and 3 is dismissed.   No costs.

          After compliance of this order, the Complainant shall handover the said mobile phone to the 1^st Opposite Party.

 

Dictated to the Steno, transcribed by him, corrected and pronounced by us in the Open Forum, this 27^th day of January, 2015.

 

Sd/-                                     Sd/-                                          Sd/-

President                            Male Member                      Lady Member

                                     

 

APPENDIX OF EVIDENCE

For the Complainant:-

NO.	DATE	DESCRIPTIONOFTHEDOCUMENTS	REMARKS
Ex.A01	24.10.2011	Sales Invoice	Original
Ex.A02	24.10.2011	Warranty Certificate of the FLY Mobile Phone issued by the 2nd OP	Original

For the Opposite Parties:-                    

                                       

                                                -Nil-

 

Sd/-                                     Sd/-                                          Sd/-

         

President                       Male Member                                             Lady Member