By. Smt. Beena. M, Member:

            This is a complaint filed under section 12 of the Consumer Protection Act 1986.

            2.  Brief of the complaint:-  On 12.04.2017 the complainant purchased a Lenova P2 mobile phone and on 24.01.2018 that device's display was broken and he contacted for device’s display at Kozhikode, Coimbatore and Kalpetta but he didn’t get it  as out of stock.  On 09.03.2018 the complainant had paid Rs.500/-(Five hundred) as advance and placed order for phone display at the authorized service centre, Kalpetta but after several enquiries he did not get it and was known to be out of stock. The complainant saying that there is no spare parts of Lenova P2 mobile phone available in the market and service centre. He could

(Contd...2)

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not use the phone for five months. The battery damaged. Due to lack of service, a new phone had to be purchased. The phone parts are not available in the market within the guarantee period the opposite parties are liable to return the price of the phone and compensation also to the complainant. Hence the complainant filed this petition.

            3.  Notice served to the opposite parties, Opposite Party No.1 appeared through Adv. K.J.Vijayakumar but opposite party not turned to appear. Opposite Party No.2's name called absent and set him ex-parte. Later Opposite Party No.1 not filed version and hence on 28.11.2018 Opposite Party No.1 also set ex-parte.

4.  On perusal of complaint and documents the Forum raised the following points for consideration:-

1. Whether the opposite parties are liable to return back the phone price due

    to the  non-availability of spare parts or the mobile phone in the market    

    and service  centre of the company?

2. Relief and cost.

            5.  Point No.1:-  For substantiate the case, the complainant produced documents along with the complaint. Complainant filed chief affidavit and he examined as PW1 and Ext.A1, A2 and MO-1 were marked. The documents produced by the complainant and the allegations set forth in the complaint are unchallenged. The complainant had succeeded to prove his case by adducing evidence. Ext.A1 and A2 can be taken to consideration as there is no challenge yet comes from the side of opposite parties. More over as a reputed company the 1^st Opposite Party has a responsibility to ensure the availability of spare parts of their

(Contd...3)

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products in the market. Here the Forum comes to a conclusion that the complainant has taken much effort and spent money to get a new display of his mobile phone from the opposite parties. It has been understood that the opposite parties have failed to respond positively for the genuine need of the complainant. The Forum has been concluded that the irresponsible attitude of the opposite parties is violation of natural justice and gross violation of the consumer protection laws.          

6.  On going through the available records and submissions the Forum found that there is deficiency in service has happened from the side of the opposite parties and hence the Point No.1 is found in favour of the complainant.

            7.  Point No.2:-  Since the Point No.1 is found against the opposite parties.  As a service provider, the opposite parties are liable to pay reasonable compensation and costs of the case.

            In the result, the complaint is allowed and the Opposite Party No.1 is directed to return the price of mobile phone ie Rs.14,999/- (Rupees Fourteen Thousand Nine Hundred and Ninety Nine)  to the complainant.  The opposite parties No.1 and 2 jointly and severally directed to pay a sum of Rs.2,000/- (Rupees Two Thousand) as compensation and Rs.1,000/- (Rupees One Thousand) as costs of the proceedings to the complainant.  The opposite parties are hereby directed to comply the Order within 30 days from the date of receipt of this Order.

(Contd…4)

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Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 16^th day of October 2019.

Date of Filing: 03.07.2018.

PRESIDENT      :Sd/-

MEMBER         :Sd/-

APPENDIX.

Witness for the complainant:-

PW1.                Josy. A. S.(Affidavit).                                       Complainant.

Witness for the Opposite Parties:-

                        Nil.

Exhibits for the complainant:

A1.                   Bill.                                                                  Dt:13.04.2017.

A2.                   Estimate.                                                         Dt:09.03.2018.

MO-1.              Lenovo P2 Mobile Phone.

Exhibits for the opposite parties:-

Nil.

PRESIDENT      :Sd/-

MEMBER         :Sd/

/True Copy/

                      Sd/-

     SENIOR SUPERINTENDENT,

            CDRF, WAYANAD.