BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE URBAN

26^th DAY OF APRIL 2016

O R D E R

SMT. SHANTHA P.K, MEMBER

This is a complaint filed by the complainant in person U/s.12 of the Consumer Protection Act, 1986 seeking direction against Opposite Party (herein after referred as OP) to pay total sum of Rs.50,000/-.

2. The brief averments made in the complaint are as under:

The complainant purchased Iberry Auxus Note 5.5 mobile phone from ebay on 30.09.2014 by paying Rs.13,990/- through Internet Banking.  The complainant noticed that even though his phone was in switch on state and signal strength is full, if someone calls to his mobile they get the response that the mobile is switched off.  Complainant tried with other networks also the same problem persisted.  If restarts it will work for some time and the problem will continue.  The same has been informed to OP Customer Care on 07.04.2015 with case I.D:759830 and till date OP did not solve the problem even after sending his phone iberry Auxus note 5.5 to OP service center for multiple times.  Complainant issued notice to OP Customer Service Head through DTDC courier with the consignment No.F09253451, OP did not reply to the said notice.  Complainant felt deficiency in service on the part of OP.

For the aforesaid reasons, complainant prays for directing OP to pay sum of Rs.50,000/- on the allegations of deficiency in service.

 3. Notice of complaint was issued to OP and despite service of notice, OP failed to appear and contest the complaint and has been placed ex-parte.  Thereafter, the complainant filed his affidavit by way of evidence.  Heard the arguments advanced by the complainant.

4. Perused the averments made in the complaint, affidavit filed in lieu of oral evidence, documents filed by the complainant and other materials placed on record.

5. Admittedly the complainant purchased a Iberry Auxus Note 5.5 mobile phone from eBay through internet banking on 30.09.2014 for a sum of Rs.13,990/-.  Within the warranty period the said mobile note was not working properly.  The complainant noticed several problems in that even though his phone was in switch on state and signal strength is full, if someone calls to his mobile they get the response that the mobile is switched off.  Complainant tried with Vodafone & Aircel networks but the said problem persisted.  If restarted it will work for some time and the problem will again continue.  The same has been brought to the notice of OP Customer Care on 07.04.2015 with case I.D:759830 and till date OP did not solve the said problem even after sending his phone iberry Auxus note 5.5 to OP service center 2-3 times.  Complainant issued notice to OP Customer Service Head through courier with the consignment No.F09253451, OP did not reply to the said notice.   

6. Due to the negligent act of OP, the complainant is unable to use & enjoy with the said Iberry Auxus Note 5.5 mobile phone.  Even the complainant has issued notice to OP but there was no reply from OP.  It is pertinent to note here that despite retaining the Iberry Auxus Note mobile phone with them for a long time OP failed to repair the set.  The mobile Note in question had defects which the OP failed to rectify.  The complainant was very much unhappy with the product and service.  The material placed on record by the complainant also goes to establish that there is deficiency in service on the part of the OP.

7. The complainant having paid a sum of Rs.13,990/- for purchasing Iberry Auxus Note 5.5 mobile phone is unable to use and enjoy the same even within the warranty period.  The defects in the mobile note could not be resolved by OP.  The complainant was made to run to the service centre frequently without any results.    Therefore, it is evident that, there is a deficiency of service on the part of OP.  The problems with the handset occurred during the warranty period.  The OP has also failed to provide satisfactory service to the complainant in attending the defects occurred in the said handset.  The complainant was unable to make use of the handset and this has been put him to great hardship and inconvenience.  Certainly he must have suffered mental agony because of the non performance of the handset within a short time after its purchase.  The OP did not appear and contest the claim of the complainant. 

8.  We don’t find any reasons to disbelieve the allegations made in the complaint as well as the sworn testimony of the complainant.  The evidence led-in by the complainant stands unchallenged.  The very fact of OP not contesting the proceedings leads us to draw an inference that OP is admitting the claim of the complainant.  We are satisfied that the complainant has proved the deficiency in service against the OP.  Under the circumstances, we are of the considered view that complaint filed by the complainant deserves to be allowed.  Hence, we proceed to pass the following:

       O R D E R

The complaint filed U/s.12 of the Consumer Protection Act, 1986 by the complainant is allowed in part.  OP is directed to replace the Iberry Auxus Note 5.5 mobile phone in question with a brand new handset or return Rs.13,990/- to the complainant being the value of the said handset.  Further the OP is directed to pay a compensation of Rs.5,000/- to the complainant for the deficiency of service on their part together with litigation costs of Rs.2,000/-.

OP shall comply the order passed by this Forum within a month from today.

Furnish free copy of this order to both the parties.            

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Forum on this 26^th day of April 2016)

MEMBER                            MEMBER                     PRESIDENT

Vln* 

COMPLAINT No.1587/2015

Complainant                 -        Sri.Raghavender Reddy,

Bangalore-560045.

                                          -vs-

Opposite Party              -        Iberry India,

Chennai,

Tamilnadu – 600001.

Witnesses examined on behalf of the complainant dated 22.02.2016.

1. Sri.Raghavender Reddy.

   Witnesses examined on behalf of OP – Nil.

   Documents produced by the OP - Nil

MEMBER                           MEMBER                      PRESIDENT

Vln*