BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. G. SIVAPRASAD : PRESIDENT

SMT. BEENAKUMARI. A : MEMBER

SMT. S.K.SREELA : MEMBER

C.C. No. 238/2010 Filed on 02.08.2010

Dated : 15.10.2010

Complainant:

Lekshmy Narayanan. K, Sivakami Illam, T.C 24/1221, Jyothipuram, Valiasalai, Chala P.O, Thiruvananthapuram-695 036.

(Appeared in person)

Opposite parties :

1. Karbonn Mobiles, #39/13, off 7^th main, HAL 2^nd stage, Appareddy Playa, Indiranagar, Bangalore-560 038 represented by its Director.

    

2. Cellular World, 1^st Floor, Rohini Shopping Complex, Thakaraparambu Road, Thiruvananthapuram represented by its Proprietor.

    

3. Mobile Point, # T.C 28/1641, Sowparnika Heritage, Ayyappas Compound, Pazhavangadi, Thiruvananthapuram.

    

4. Minnus Mobiles, Opp: Sub Jail, Attakulangara, Thiruvananthapuram.

This O.P having been heard on 13.10.2010, the Forum on 15.10.2010 delivered the following:

ORDER

SMT. BEENAKUMARI.A: MEMBER

Complainant had purchased a Karbonn mobile phone model K 447 from the 2^nd opposite party on 02.10.2009. That at the time of purchase on 02.10.2009, a warranty card for 1 year was issued to him. That from 08.04.2010 the mobile phone becomes switched off automatically frequently. So the complainant took the said phone to the 3^rd opposite party (the authorized service centre of Karbonn) and the same was returned to the complainant after a period of 2 weeks, saying that the defects are cured. The receipt of the phone by the 2^nd opposite party for the repair is endorsed on the back side of the purchase bill. The complainant took the phone home and after 3 days the very same defect occurred. Again the complainant entrusted the phone to the 3^rd opposite party and after 2 weeks the 3^rd opposite party returned the phone and made the complainant believe that the defects have been rectified. But the problem again persisted. Hence the complainant again took the phone to the 3^rd opposite party. The 3^rd opposite party asked the complainant to come back after 2 weeks. When the complainant went to the 3^rd opposite party to collect the phone, the defects were not rectified and asked the complainant to give it for repairing to the 4^th opposite party as the 3^rd opposite party is no longer the authorized service centre of Karbonn. As directed by the 3^rd opposite party the complainant took the phone to the 4^th opposite party on 12.05.2010 and a receipt having the job id No. 985 dated 12.05.2010 was issued to the complainant. The complainant was asked to contact the 4^th opposite party after a week. Accordingly the complainant contacted the 4^th opposite party on 25.05.2010, 03.06.2010 and on several other dates and even went to the shop in person. The 4^th opposite party evaded saying one reason or the other and the complainant was not given the phone. That the warranty available to complainant is also not available to the complainant due to the irresponsible act of the opposite parties and they have not even returned the phone to the complainant as well, in working condition. On 25.06.2010 when the complainant contacted to enquire about the phone, then the 4^th opposite party informed the complainant that the board of the phone is defective and they asked the complainant to contact their Bangalore office. Accordingly the complainant contacted the Bangalore office and as per their request through SMS from mobile No. 9847083140 requesting for the job sheet No., the complainant had sent the job card number and details of the above referred repair through SMS. Even after receipt of the same, the 4^th opposite party has not returned the phone. The repeated requests of the complainant were not heeded by the 4^th opposite party. Now the complainant, who is working as a support engineer has been deprived of the use of the mobile phone facility, which has affected his day to day life. Now that the phone in dispute has become defective within 7 months of its purchase, the complainant has lost faith in the said product as the phone suffers from manufacturing defect. Hence since the after sale service is also not available from the opposite parties and since the opposite parties have not returned the phone till now, the complainant prays for refund of the costs of the mobile phone and for compensation.

All the opposite parties in this case accepted notice from this Forum, but they did not turn up to contest the case. Hence the opposite parties were set ex-parte.

The complainant has filed proof affidavit and has produced 4 documents.

Points to be ascertained:

1. Whether there is deficiency in service and unfair trade practice occurred from the side of opposite parties?

2. Whether the complainant is entitled to get the reliefs sought for?

Points (i) & (ii):- The case of the complainant in short is that the complainant had purchased a mobile phone from the 2^nd opposite party on 02.10.2009 for an amount of Rs. 2,250/-. The opposite parties assured one year warranty to the phone. But the phone became defective from the very beginning of its purchase date. The complainant approached the opposite parties and entrusted the phone for repair. But the problem again persisted. Now the phone is in the custody of 4^th opposite party, the authorized service centre of Karbonn. The complainant several times approached the opposite parties to rectify the defects of the phone and return it. But the requests of the complainant were denied by the opposite parties. The complainant who is working as an Engineer has been deprived of the use of the mobile facility, which has affected his day to day life. To prove his contention the complainant has filed proof affidavit and has produced 4 documents which were marked as Exts. P1 to P4. Ext. P1 is the copy of purchase bill dated 02.10.2009 issued by 2^nd opposite party. As per this document the price of the mobile phone is Rs. 2,250/-. Ext. P2 is the copy of job sheet issued by the 1^st opposite party, i.e; on the overleaf of Ext. P1 document, the 1^st opposite party affixed their seal for the acceptance of the mobile phone for repair. Ext. P3 is the job sheet issued by the 4^th opposite party dated 12.05.2010. As per this document the complaint of the mobile phone is “automatically switched off”. Ext. P4 is the details of SMS send to the 4^th opposite party. Through these documents the complainant has proved his case. In this case the defective mobile phone is in the custody of opposite parties. Hence there is no need for expert opinion as per Sec. 13(1) (c) of Consumer Protection Act. Though the opposite parties accepted notice of this case, they never turned up to contest the case. Through sufficient documents and pleadings the complainant has succeeded to prove his case. Hence the complaint is allowed.

In the result, the 1^st opposite party is directed to refund the price of the mobile phone (Rs. 2,250/-) to the complainant with 12% annual interest from 08.04.2010. The 4^th opposite party, the authorized service centre who is in custody of the mobile phone, is directed to pay Rs. 2,000/- as compensation and Rs. 1,000/- as costs to the complainant. Time for compliance one month from the date of receipt of this order, otherwise 12% annual interest shall be paid to the entire amount from the date of order till the date of realization.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 15^th day of October 2010.

BEENAKUMARI. A : MEMBER

G. SIVAPRASAD : PRESIDENT

S.K. SREELA : MEMBER

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C.C. No. 238/2010

APPENDIX

I COMPLAINANT'S WITNESS :

PW1 - Lekshmy Narayanan

II COMPLAINANT'S DOCUMENTS :

P1 - Copy of purchase bill dated 02.10.2009 issued by 2^nd opposite

party.

P2 - Copy of job sheet issued by the 1^st opposite party.

P3 - Job sheet issued by the 4^th opposite party dated 12.05.2010.

P4 - Details of SMS send to the 4^th opposite party.

III OPPOSITE PARTY'S WITNESS :

NIL

IV OPPOSITE PARTY'S DOCUMENTS :

NIL

PRESIDENT

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