Date of filing : 10-04-2015
Date of order : 26-08-2015
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.93/2015
Dated this, the 26th day of August 2015
PRESENT:
SMT.P.RAMADEVI : PRESIDENT
SMT.K.G.BEENA : MEMBER
SMT.SHIBA.M.SAMUEL : MEMBER
V.V. Sreedharan, S/o.Ambu.V. : Complainant
Valiya Valappil House, Puthyiakandam,
Cheruvathur.Po.
(In Person)
1 The Proprietor, Grandsis Computer-Mobile, : Opposite parties
Sales & Service, Near Pakkanar Theatre,
Bus Stand, Cheruvathur.
2 Samsung India electronics Pvt Ltd,
Door No.37/993 E(52/1339-c) 2nd floor,
Arya Bhangy Pinnacle S.A.Road,
Ernakulam, Cochin-682 020.
3 Malabar communication, golden RK Building,
New Bus Stand, Kasaragod. 671121.
O R D E R
SMT.SHIBA.M.SAMUEL, MEMBER
The brief case of the complaint is that he purchased one Galaxy Star Phone from the opposite party No.1 with one year warranty on 27-03-2014. On 18-02-2015 the phone became defective and on 18-02-2015 he had entrusted it for repair to 1st opposite party. But 1st opposite party returned the same to complainant stating that it cannot be repaired since it is damaged physically. The phone became defective during the warranty period. Due to the act of the opposite parties complainant suffered loss and mental agony. Hence the complaint.
Ist opposite party appeared and filed version stating that since the opposite party No.1 is only the dealer of the hand set and phone became defective during the subsistence of warranty period, the same was sent to service centre of Samsung and hence he is not liable to compensate the loss caused to the complainant therefore opposite party No.2 & 3 were added to the proceeding as parties. On receiving the notice from the Forum, all the opposite parties were appeared and represented that opposite parties 2 & 3 are ready to settle the claim by replacing with a new mobile set. But surprisingly on the next hearing date it was understood that instead of a new set, the opposite parties No 2 & 3 replaced one old set and thereafter complainant filed proof affidavit in lieu of his chief examination and Exts A1 & A2 were marked from perused the exhibits and affidavit. Ext.A1 is the bill for an amount of Rs.5500/- and Ext.A2 is the service sheet issued by opposite party No.3 who is the authorized service centre of the opposite party No.2. On perusal of the documents, the mobile was became defective claiming the warranty period and it was returned to the PW1 without rectifying the defect. Moreover from the Forum also the opposite parties cheated the PW1 by giving an old set on the pretext on replacing with a new set. Thereafter the opposite party never appeared before Forum. The act of the opposite parties amounts to unfair trade practice and hence they are liable to compensate the complainant.
In the result, opposite party No.2 hereby directed to replace Samsung Galaxy star mobile and Rs.3000/- as compensation with a cost of Rs.2000/- to the complainant. Time for compliance is 30 days from the date of receipt of copy of order.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exts.
A1. 37-03-2014 Bill issued by OP to complainant for an amount of Rs.5500/-.
A2.18-02-2015 Service sheet.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Pj/ Forwarded by Order
SENIOR SUPERINTENDENT