IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Wednesday the 30th day of September, 2015
Filed on 23.04.2015
Present
- Smt. Elizabeth George President
- Sri. Antony Xavier Member
- Smt. Jasmine.D Member
in
C.C.No.126/2015
between
Complainant:- Opposite Parties:-
Sri. R.H. Riyas 1. Friends Electronics
Richus Manzil S.A.S. Mahal Shopping Complex
Parappil, Mannancherry P.O. Vazhichery, Alappuzha
Alappuzha – 688 538
2. The Area Service Manager
Samsung India Ltd., Midhun Towers
K.P. Valluvan Road, Kadavanthara
Kochi
3.Sri. Sabu George, Future Solutions
Saravana Complex, Oppo. SBI
Kalavoor, Alappuzha
O R D E R
SMT. ELIZABETH GEORGE (PRESIDENT)
The case of the complainant is as follows:-
Complainant is the owner of the Samsung Galaxy mobile phone model No.GT-N 7000, Sl. No. RD 8DC 16814P, IME No.35961604340013. Due to some defects like crack on the corner of the display of the mobile phone he approached the first opposite party through third opposite party.The third opposite party assured that the after removing the touch panel the defect will be cured.Hence the complainant handed over the hand set with the first opposite party.After 10 days complainant approached the opposite party, but they did not return the hand set and thereafter complainant visited the opposite party’s office several times, but they did not return the mobile phone. Only after 45 days complainant received his mobile phone. He paid Rs.7,500/- to the first opposite party through third opposite party.While returning the mobile phone the first opposite party assured that they have cured all the defects and the set is working properly.But after charging the hand set, the complainant came to see the defect was not cured and moreover the set became useless also.He again approached the first and third opposite parties and as per their request he again handed over the mobile phone to the first opposite party on 17.8.2014.In spite of the repeated requests from the complainant, the opposite party failed to return the hand set after curing the defects.Alleging deficiency in service on the part of the opposite parties the complaint is filed.
2.The opposite parties 1 to 3 represented, but not filed version.Hence the opposite parties 1 to 3 were set ex-parte.
3. The complainant filed proof affidavit in lieu of chief examination. Documents produced were marked as Exts.A1 and A2.
4. The points came up for considerations are:-
- Whether there is any deficiency in service on the part of the opposite parties?
- Whether the complainant is entitled to get relief and cost?
5. According to the complainant he entrusted the mobile phone to the opposite parties for repairing the defects and after 45 days the first opposite party returned the phone to the complainant assuring that they have cured all the defects. Complainant paid Rs.7,500/- towards repairing charge to the first opposite party.Ext.A1 is the retail invoice dated 7.8.2014 produced by the complainant shows that complainant had paid Rs.7,500/- towards repairing charge.According to the complainant the defect is not cured as assured by the opposite party and he again handed over the phone to the first opposite party on 17.8.2014.Work sheet order dated 17.8.2014 issued by the first opposite party produced and it marked as Ext.A2. In Ext.A2 is stated that, “Display dimming no net work”.According to the complainant,in spite of his repeated visits to the shop of the first opposite party for getting back his mobile set opposite party failed to return his mobile phone after repairing.The affidavit filed by the complainant is not challenged by the opposite parties.Complainant in support of his case had filed his own affidavit and had placed reliance upon documents Exts.A1 and A2.The mobile set is still with the opposite party and it was not repaired despite the assurance given by the opposite party.As such it is a clear case of deficiency in service on the part of the opposite parties.
In the result, complaint is allowed. The first opposite party is directed to return the mobile set after curing the defects to the satisfaction of the complainant within one month from the date of receipt of this order, failing which the first opposite party is directed to return the mobile set entrusted and an amount of Rs.15,000/- (Rupees fifteen thousand only) towards compensation to the complainant. The order shall be complied within one month from the date of receipt of this order.
Dictated to the Confidential Assistant transcribed by her corrected by me and
pronounced in open Forum on this the 30th day of September, 2015.
Sd/- Smt. Elizabeth George (President):
Sd/- Sri. Antony Xavier (Member) :
Sd/- Smt.Jasmine.D. (Member) :
Appendix:-
Evidence of the complainant:-
Ext.A1 - Retail invoice dated 7.8.2014
Ext.A2 - Copy of the work sheet order dated 17.8.2014
Evidence of the opposite parties:- Nil
Pr/-
// True Copy //
By Order
Senior Superintendent
Typed by:- pr/-
Compared by:-
