This case is coming for final hearing on 19-08-2014 in the presence of the Complainant in person and Opposite Parties called absent and set ex-parte and having stood over till this date, the Forum delivered the following.                                                                                                                                             

: O R D E R :

(As per Smt. K.V.R.Maheswari, Honourable President(FAC) on behalf of the Bench)

1. The case of the complainant is that he purchased a Dual Sim Mobile phone of Karbonn Company, manufactured by 1^st Opposite Party. The 2^nd Opposite Party is the dealer of the 1^st Opposite Party. The Model No. of Mobile is K3000, IMEI No.9111578650056530 and paid an amount of Rs.2,400/- under Cash Bill No.6339, dt. 11.03.2013 with one year warranty. The Complainant stated that during the warranty period of his Mobile phone touch problem has occurred to the said Mobile and then Complainant immediately took the Mobile phone to the 3^rd Opposite Party i.e. Service Centre on the advice of 2^nd Opposite Party. Then the 3^rd Opposite Party checked and took the phone and gave an acknowledgement i.e. entry level screening (ELS) Form KAELS No.450130900230, dt. 12.09.2013. The 3^rd Opposite Party not repaired the Mobile even after several visits & requests made by the Complainant to the Service Centre of the Opposite Parties, because of the acts of the Opposite Parties, the Complainant suffered a lot of inconvenience. The Complainant stated that the 3^rd Opposite Party is unable to repair the defect in the phone as there is a manufacturing defect in that mobile. Because of not having the Mobile phone, the Complainant suffered much inconvenience and mental agony. Non-rectification of the defects in the Mobile by the Opposite Parties clearly shows deficiency in service on their part. Hence this Complaint to direct the Opposite Parties

2. to replace the Mobile Phone with new one or to refund the cost of phone of Rs.2,400/- with 24% interest from the date of purchase

3. to pay Rs.50,000/- towards compensation besides costs of Rs.5,000/-

4. On the other hand the 1^st, 2^nd and 3^rd Opposite Parties are called absent, even after serving notices by the Forum and set ex-parte.

5. At the time of enquiry the Complainant filed his Evidence Affidavit along with documents which are marked as Exhibits A1 & A2. No written arguments were filed by the Complainant. Heard the Complainant in person who reiterated his version.

6. In view of the contentions, the point that would arise for determination in this complaint is:

   Whether there is any deficiency in service on the part of Opposite party and can the complainant is entitled for the refund of the amount and for the compensation claimed for ?

7. As per Ex.A2 dt.11.03.2013, the Complainant purchased the Karbonn K300 Model Mobile for an amount of Rs.2,400/- including 4 GB is evidenced, after that the touch screen is not working within the warranty period then he took the phone to the 3^rd Opposite Party on the advice of 2^nd Opposite Party. The 3^rd Opposite Party collected the Mobile and issued acknowledgement on 12.09.2013 i.e. as per Ex.A2. As per the versions of the Complainant even after several visits made by him and several requests made by him to the 3^rd Opposite Party, it neither repair the mobile nor return it. In our view the Opposite Party’s duty is to inform that which part of the mobile is defective one and it has to be rectified by them but they failed to do so. Hence, the Opposite Parties are liable to refund the cost of Mobile with 9% interestfrom the date of purchase is just and proper.

8. There is no doubt that being a 26 years young man by not having a Mobile even after purchasing the Mobile for some amount, the Complainant suffered inconvenience and mental agony, hence to compensate it, the Opposite Parties are liable to pay Rs.1,000/- towards compensation which would be just and proper.

   Accordingly this point is answered.

9. In the result the Complaint is allowed directing all the Opposite Parties to pay Rs.2,400/- (Rupees Two thousand four hundred) with 9% interest p.a. from 11.03.2013 to the Complainant within two months, failing which to pay the same with 12% interest p.a. All the Opposite Parties are further directed to pay Rs.1,000/- (Rupees One thousand) towards Compensation besides costs of Rs.1,000/- (Rupees One thousand).

   Dictated to the Shorthand Writer, transcribed by him, corrected and pronounced by us in the open Forum on this the 22^nd day of August, 2014.

    

       Sd/-                                                                                Sd/-

   Member                                                                President (FAC)

                                                                      District Consumer Forum-I

                                                                                Visakhapatnam

APPENDIX OF EVIDENCE

Exhibits Marked for the Complainant:

Exhibits Marked for the Opposite Parties:     -NIL-

      Sd/-                                                                              Sd/-

  Member                                                               President (FAC)

                                                                   District Consumer Forum-I

                                                                             Visakhapatnam