THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.

C.C. 323/2017

Dated this the 17^th day of May 2018.

                     (Smt. Rose Jose, B.Sc, LLB.                         :  President)

                          Smt.Beena Joseph, M.A                         : Member

                          Sri. Joseph Mathew, MA, LLB              : Member

                                                                                                              ORDER

Present: Beena Joseph, Member:

            This petition was filed on 13.09.2017 alleging service deficiency on the part of opposite party.

            The case of the complainant is that, he had purchased Gionee phone from the opposite party as on 21.12.2016 which worth Rs.11,000/-.   It has got one year warranty and it became defective on 15.08.2017.  It was entrusted to the service center on 16.08.17 itself for repair.  They told that, it requires 8 days.  After that the complainant enquired with the service center, they sought two more days time.  Thereafter also they could not repair the mobile till 06.09.2017.The complainant is a high school teacher and teacher’s trainer.  The mobile is unavoidable one to him.  Due to the non repair of phone his official and academic matter were interrupted.  Hence he was forced to purchase a new smart phone.

            Due to the delay on the part of service center complainant had suffered heavy mental agony and other difficulties.  More over the above phone number was linked with Gmail and he could not contact others.  The complainant purchased a new phone due to the non-repair of the mobile and he could not use the same and sustained damages.  This amounts to cheating, so the opposite party is liable to pay price of the phone and Rs.25000/- as compensation. Hence this complaint.

            Notice issued to both parties, both of them appeared.  Opposite party has not filed any version hence set ex-parte.

            In this matter opposite party remained  absent and set ex-parte and complainant filed chief affidavit Ext.A1 & A2 marked to prove his case.  Ext.A1 is the bill Ext.A2 is the Job Card.

            It is true that complainant had purchased a Gionee phone from the opposite party as on 21.12.2016 which proved by Ext.A1.  The same became defective and entrusted for repair as on 16.08.17 within the warranty period. This also proved by Ext.A2.  There is no dispute  with respect to the maintainability.  On going through the documents, it is found that above phone was entrusted to repair within the warranty period and the same was repaired under the warranty clause also.  The above phone was returned after repair only on 12.09.17 and it found that they took one month time for repair the phone.  Petitioner claims that they sought 8 days’ time to repair the phone but they could not repair it, in that time. There occurred a delay of 22 days in handed over the phone.

            The opposite party has not offered any reply to the complainant and remained absent from the proceedings, which amounts to service deficiency.  In this case petitioner is a teachers trainer, he requires the phone for his official and academic purpose.  The lack of mobile phone cause much inconvenience to him.  And complainant claims Rs.25000/- that head as compensation but he could not bring any evidence to prove this.  Hence we are not in a position to entertain the claim as such.  It is true that there was a delay in repairing the phone, now a day’s mobile phone is a necessary part of human life.  So it is the bounden duty of the opposite party to clear the complaint as early as possible. In this case opposite party has not offered any reply and remained absent from the proceedings, which proves the negligent attitude on the part of the opposite party.  So the petitioner is entitled to get compensation for delay caused in repairing the mobile phone.  Hence the petition is allowed.

            We direct the opposite party to pay Rs.4000/-(Rupees four thousand only) as compensation for deficiency in service and Rs.1000/-(Rupees one thousand only) as cost of the proceedings.  Comply the order within one month from the date of receiving the copy of the order.

Dated this 17^th  day of May 2018.

Date of filing: 13.09.2017.

             SD/- MEMBER                                  SD/-PRESIDENT                           SD/- MEMBER

APPENDIX

Documents exhibited for the complainant:

A1. Bill receipt of Rs.11,000/- dtd.21.12.2016.

A2. Service Job sheet

Documents exhibited for the opposite party:

Nil

Witness examined for the complainant:

Nil

Witness examined for the opposite party:

None

                                                                                                                                                                             Sd/-President

//True copy//

(Forwarded/By Order)

SENIOR SUPERINTENDENT