Date of Complaint : 20.05.2014
Date of Order :08.03.2016
DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)
2nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3
PRESENT : THIRU. B. RAMALINGAM, M.A.M.L., : PRESIDENT
TMT.K. AMALA, M.A. L.L.B., : MEMBER – I
DR.T.PAUL RAJASEKARAN, M.A PGDHRDI, AIII,BCS : MEMBER II
C.C.No. 225 / 2014
THIS TUESDAY 8th DAY OF MARCH 2016
Mrs. P.Subha,
W/o. Mr.R.Venkatachalam,
No.F-4, Rams Maruthi,
Muthalamman Koil Street Extension,
West Mambalam,
Chennai 600 033. .. Complainant.
- Vs-
1. Micromax, Rep. by its Managing Director, Having its Head office at Micromax House, No.90, Sector – 18, Gurgaon. 2. The Manager, Deprosys Technologies, Micromax Service Centre, No.14, First Floor, BBC Plaza, NO.178/180, North Usman Road, Chennai – 600 017. .. Opposite parties. | | .. Opposite party. |
| | |
For the complainant : M/s. G.Dilip Kumar & other
For the opposite parties : Exparte
ORDER
THIRUMATHI.K.AMALA, :: MEMBER-I
1. Complaint under section 12 of the Consumer Protection Act 1986. The complaint is filed seeking direction against the opposite parties to pay a sum of Rs.4,499/- towards cost of the Tab and also to pay a sum of Rs.25,000/- as compensation and also cost of the complaint to the complainant.
2. Even after receipt of the notice from this forum in this proceeding, the opposite parties did not appear before this Forum and did not file any written version. Hence the 2nd opposite party was set exparte on 5.8.2014 and the 1st opposite party was set exparte on 12.5.2015.
3. Perused the complaint, and the documents Ex.A1 to Ex.A6 filed by the complainant and proof affidavit and the entire C.C. records and considered the arguments of the complainant counsel.
4. The complainant contended that she purchased a Micromax Tab P 275 (Fun book) from Reliance Digital Retail Limited, Ashok Nagar, Chennai on 5.4.2013 for a sum of Rs.4,499/-. During August 2013 the said Tab was not functioning and remained dead and could not be switched on, which occurred during the warranty period. Hence on 2.8.2013 she gave the Tab to the 2nd opposite party who is the authorized service centre and they promised that the defect would be rectified and issued the job sheet. On 17.10.2013 the 2nd opposite party issued computerized job sheet and assured that the said Tab would be repaired or replaced. Despite of several phone calls and approached in person the Tab was not repaired. On 2.1.2014 the complainant got a call from the 2nd opposite party for replacement of the tab with a new one but with the lesser version which was not acceptable by her and conveyed the same to the 2nd opposite party vide letter dated 25.1.2014 through her husband.
5. The complainant further contended that since the said Tab had manufacturing defect which cannot be rectified even after six months and the opposite party failed to return the Tab and retained the same with them, she issued a legal notice to the opposite parties to replace the tab or repay the cost of the tab with compensation. Despite of receipt of legal notice the opposite parties failed to comply her request. Hence the complainant filed the above complaint for refund of the cost of the Tab along with compensation and cost of the complaint.
6. The contention of the complainant that she purchased Micromax Tab P275 (Fun book) is evidenced through Ex.A1. The grievance of the complainant is that during August 2013 the Tab was not functioning properly and remained dead and could not be switched on and when she handed over the said Tab to the 2nd opposite party the authorized service centre though they issued job sheet which is evidenced through Ex.A2 & Ex.A3 they failed to hand over the same duly repaired even after six months. But the offer of the opposite party for replacement of new Tab of lesser version was not accepted by the complainant through the letter sent by her husband i.e. Ex.A4.
7. The 2nd opposite party ought to have returned the Tab after rectifying the defects or returned the cost of the said tab alteast even after receipt of legal notice from the complainant i.e. Ex.A5 that the opposite parties failure to comply the grievance of the complainant shows their deficiency in service as contended by the complainant.
8. Moreover the opposite parties did not appear before this forum to give any contra evidence to defend their case and they were set exparte.
9. Considering the facts and circumstances of the case, the opposite parties having retained the tab without rectifying the defects had committed deficiency of service as contended by the complainant and as such the opposite parties are jointly and severally liable to pay the cost of the Micromax Tab a sum of Rs.4,499/-. Moreover from the contention of the complainant it reveals that the act of the opposite parties in not attending the service effectively caused mental agony to the complainant as such the opposite parties are also liable to pay a sum of Rs.5,000/- as compensation and also to pay a sum of Rs.2500/ towards cost of the complaint. Whereas the compensation claimed by the complainant is exorbitant as such she is entitled only for a just and reasonable compensation.
In the result the complaint is partly allowed. The opposite parties 1 & 2 are jointly and severally directed to pay a sum of Rs.4,499/- (Rupees Four thousand four hundred and ninty nine only) towards the cost of the Tab P 275 (Fun book) and also to pay a sum of Rs.5,000/- (Rupees Five thousand only) towards compensation and also to pay a sum of Rs.2,500/- (Rupees two thousand and five hundred only) towards cost of the complaint to the complainant within six weeks from the date of this order failing which the above amounts (Rs.4,499/- & Rs.5,000/-) will carry interest at the rate of 9% p.a. from the date of this order to till the date of realization.
Dictated directly by the Member-I to the Assistant, transcribed and computerized by her, corrected by the Member-I and pronounced by us in the open Forum on this the 8rd day of March 2016.
MEMBER-I MEMBER-II PRESIDENT.
Complainant’s Side documents :
Ex.A1- 5.4.2013 - Copy of Purchase Bill.
Ex.A2- 2.8.2013 - Copy of Material Job sheet.
Ex.A3- 17.10.2013 - Copy of computerized job sheet.
Ex.A4- 25.1.2014 - Copy of letter from complainant to 2nd opposite party.
Ex.A5- 4.3.2014 - Copy of legal notice.
Ex.A6- - - Copy of Ack. card.
Opposite parties’ side documents: -
.. Nil .. (exparte)
MEMBER-I MEMBER-II PRESIDENT.
