BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 13th day of May 2014
Filed on : 23/01/2014
PRESENT:
Shri. A. Rajesh, President.
Shri. Sheen Jose, Member.
Smt. Beena Kumari V.K. Member.
CC. 38/2014
Between
Jimmy Vincent, : Complainant
Chettiampurathu house, (party-in-person)
Kalathookkadavu P.O.,
Kottayam.
Vs
1. Dell India Pvt. Ltd., : Opposite parties
Divya Shree Greens, Ground Floor, (absent)
S. No. 12/1, 12/2A, 13/1A,
Chelangatta village, Varthur Hobli,
Bangalore South-560 071.
2. The Center Manager,
Dell Service Center,
No. 675/1 & 2 Muscat Tower,
Ground floor,
Corporation Approval No. 28/3318A1,
SA Road, Kadavanthara,
Kochi-682 020.
O R D E R
A. Rajesh, President.
This complaint is preferred by the complainant seeking direction against the opposite parties either to return the mobile hand set which he
had entrusted with the 2nd opposite party for repairs or to give a new one of the same model together with a sum of Rs. One lakh towards compensation and costs of the proceedings.
2. The 1st opposite party refused to accept the notice issued from this Forum. Despite service of notice from this Forum the 2nd opposite party opted to remain absent for reasons best known to them. No oral evidence was adduced by the complainant. Exts. A1 to A4 were marked. Heard the complainant who appeared in person.
3. On 29-10-2011 the complainant purchased a mobile hand set from Sangeetha Mobiles Pvt. Ltd., Bangalore at a price of Rs. 8,500/- which was manufactured by the 1st opposite party evidenced from Ext. A1 invoice. The complainant entrusted the said set with the 2nd opposite party for its repairs on 20-09-2013 evident from Ext. A2 service report. According to the complainant in spite of repeated requests and Exts. A3 and A4 reminders the opposite parties failed to return the hand set for reasons not stated or explained.
4. Nothing is on record to discard the contentions of the complainant. The silence on the part of the opposite parties speaks volumes. The complainant is legally entitled to get back the hand set from the 2nd opposite party in working condition or to get its price refunded.
5. The complainant entrusted the mobile hand set with the 2nd opposite party on 20-09-2013 and since then the complainant is deprived of using the hand set no fault of his which calls for compensation, we fix it as Rs. 5,000/-.
6. In the result, we partly allow the complaint and direct as follows:
i. The opposite parties shall jointly and severally return the mobile hand set of the complainant in working condition together with a compensation of Rs. 5,000/- OR in the alternative
ii. The opposite parties shall jointly and severally replace the mobile hand set of the complainant with a new one of the same price.
The order shall be complied with within a period of 30 days from the date of receipt of a copy of this order.
Pronounced in the open Forum on this the 13th day of May 2014
Sd/-A. Rajesh, President.
Sd/- Sheen Jose, Member.
Sd/-Beena Kumari V.K., Member.
Forwarded/By Order,
Senior superintendent.
Appendix
Complainant’s exhibits :
Ext. A1 :Copy of invoice dt. 29-10-2011
A2 :Copy of SDAR report
A3 :Copy of Gmail dt. 21-01-2014
A4 :Copy of Gmail dt. 23-04-2013
A5 :Copy of Gmail dt. 26-04-2013
Opposite party’s exhibits : Nil
