IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Tuesday the 31st day of May, 2011
Filed on 14.09.2010
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. Shajitha Beevi (Member)
in
C.C.No.213/10
between
Complainant:- Opposite Parties:-
Sri. K.S. Sunil 1. Keen Awards Ltd., RM - 514
Kannitta Veli 5/F Manhattan Centre
S.N. Puram P.O. 8 – Kwai Cheong Road
Alappuzha – 688 582 Kwai Chung N.T. Honkong
(By Adv. M.P. Manojkumar)
2. Pioneer Associates
(Represented by Manager)
Vadakke Veettil Building
Puthiyakavu, Mavelikara
3. United Tele Links Ltd.
L – 13 Diamond District
Airport Road, Kodihalli
Bangalore, India
O R D E R
SRI. K. ANIRUDHAN (MEMBER)
Sri. K.S.Sunil has filed this complaint before the Forum on 14.9.2010 against the opposite parties. The brief facts of his complaint are as follows:- On 9.9.2009 he had purchased a new Mobile set by name Karbonn Model No.KC 441 from the 2nd opposite party for a sum of Rs.5002/- with warranty for a period one year. From the date of purchase of the said hand set, it became defective. He charged the set for 8 hours. But when the battery was fully charged, the hand set was detached from the charger and started using the same. But the phone turned off spontaneously and thus started first defect. There is no clarity for the speech coupled with the defect of stoppage of working call is made, and it was not showing the symbol of reception of signals (range) ever since the date of purchase. He contacted the 2nd opposite party and intimated the defects of the set. But the 2nd opposite party has not cared to give the proper service to the defective set. He had requested the 2nd opposite party either to replace the set, having the manufacturing defect or to return the price of the set. But the 2nd opposite party is not turned up. Hence this complaint seeking relief.
2. Notices were issued to the opposite parties. First opposite party was deleted from the party array. 2nd opposite party had accepted the notice. But they are not appeared before the Forum. The notice of the 3rd opposite party was returned with endorsement ‘left’. Considering the absence of 2nd and 3rd opposite parties, they were declared as exparte by this Forum, on 8.5.2011.
3. Taking the allegations of the complaint, in this matter, this Forum has raised the following issues for consideration.
1) Whether there is any deficiency in service on the side of the opposite
parties 2 and 3?
2) Whether the complainant is entitled to get compensation from the opposite
parties?
3) Other reliefs?
4. Issues 1 to 3:- Complainant has filed proof affidavit in support of his case and produced documents in evidence. Exts.A1 and A2 – marked – Ext.A1 is the Tax Invoice/Cash/Credit dt. 9.9.2009 issued by the 2nd opposite party to the complainant at the time of purchasing the set, and it shows the details of the set and its price – Rs.5002/-. The invoice was signed by the 2nd opposite party. Ext.A2 is the warranty card issued to the complaint, by the 2nd opposite party at the time of the said purchase.
5. We have fully verified the details of this case and perused the documents filed by the complainant. It is alleged that the complainant had purchased the mobile set from the 2nd opposite party for a sum of Rs.5002/-. After accepting the said amount 2nd opposite party had supplied the set to the complainant, along with the warranty card. It is further alleged that the set was defective from the date of purchase. Complainant contacted the 2nd opposite party and intimated the detail and requested for relief. But the 2nd opposite party had not taken any sincere attempt to rectify the defects. The 2nd opposite party also not cared to supply a new set to the complainant since the purchased set has manufacturing defects. The 2nd opposite party is legally bound to rectify the defects permanently or they are fully entitled to give a new set to the complainant. But the 2nd opposite party had taken a negligent view in this case. It will comes within the purview of grossest deficiency in service and negligence. The entire action of the 2nd opposite party shows their unfair trade practice. Since there is deficiency in service and negligence on the side of the opposite parties, the complainant is entitled to get compensation from the opposite parties. The action taken by the 2nd opposite party in this case, is highly illegal arbitrary and unauthorized. It is to be further noticed that the opposite parties are not cared to appear before this Forum for stating the reasons for this matter. It shows their irresponsible attitude towards this issue. After considering the entire facts of this case, we are of the view that the allegations of the complainant is to be treated as highly genuine and the complaint is to be allowed. All the issues are found in favour of the complainant.
In the result, we hereby direct the 2nd opposite party to give back the amount of Rs.5002/- (Rupees five thousand and two only) towards the price of the said set to the complainant after collecting the defective set, and pay a sum of Rs.5000/- (Rupees five thousand only) as compensation to the complainant for his metal agony, pain, sufferings and loss, due to the grossest deficiency in service, culpable negligence, unfair trade practice and cheating of the opposite parties by way of refusal to rectify the defects and neglected to give a new set to the complainant, since the sold set has manufacturing defects and 2nd opposite party shall pay a sum of Rs.1000/- (Rupees one thousand only) to the complainant towards the costs of this proceedings. We further direct that in case, any default to pay back the amounts to the complainant by the 2nd opposite party, they shall pay interest at the rate of 14% to the complainant from 14.9.2010 to till the realization of the said amounts, and that the complainant is free to proceed against the assets of the 2nd opposite party for the realization of the amounts. We further direct the 2nd opposite party to comply with order, within 30 days from the date of receipt of this order.
Pronounced in open Forum on this the 31st day of May, 2011.
Sd/- Sri. K. Anirudhan:
Sd/- Sri. Jimmy Korah:
Sd/- Smt. N. Shajitha Beevi:
Appendix:-
Evidence of the complainant:-
Ext.A1 - Tax invoice/cash/credit dt. 9.9.2009
Ext.A2 - Warranty card
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite party/S.F.
Typed by:- pr/-
Compared by:-
