IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,

Dated this the 17^th day of October, 2014.

Present : Sri. Jacob Stephen (President)

Smt. K.P. Padmasree (Member-I)

Smt. Sheela Jacob (Member-II)

C.C.No.100/2014 (Filed on 01.08.2014)

Between:

K.K. Gopi,

Kalariyil Veedu,

Near Deepa Tower,

Thiruvalla,

Pathanamthitta – 689 101.                                   …..        Complainant

And:

1. Manager,

Mobile Store,

(Essar Group Ltd.),

Thiruvalla Branch – 689 101.

1. Service Manager,

Arabian Distribution,

T.B. Road, Kottayam,

Pin – 686 001.                                          …..       Opposite parties

O R D E R

Smt. Sheela Jacob (Member – II):

                   The complainant has filed this complaint against the opposite parties for getting a relief from the Forum.

                   2. The case of the complainant in brief is as follows: The complainant purchased Karbonn Company A 29 model mobile phone from the 1^st opposite party on 05-05-2014 by paying Rs.6951/-.  The first opposite party had issued the cash bill and user’s manual, offering one year warranty to the complainant on 05-05-2014 itself.  While the complainant was using the phone.  After one month the said mobile phone became defective.  The matter was intimated to the 1^st opposite party.  He told that it was the settings mistake in the phone.  The first opposite party made resetting.  Again on 12-07-2014 the same defect was occurred and the phone was taken to the 1^st opposite party.  As per the direction of the 1^st opposite party, the complainant came to the shop of the 2^nd opposite party and showed the phone for repair.  They told that the defect of the mobile set is in the touch screen and further told that the complainant will not get the warranty benefits because it was not issued through the G. T. Links.  So the 2^nd opposite party refused to repair the mobile set free of cost and told that its servicing center is only at Mumbai.  The phone is not in working condition.  In the circumstances, the complainant requested the 1^st opposite party for the replacement of the mobile.  But he had not taken any positive steps to redress the grievance of the complainant so far.  The complaints of the phone was occurred during the warranty period.  The refusal on the part of the opposite parties to repair the mobile phone during the warranty period is a clear deficiency in service and the opposite parties are liable to the complainant for the same.  Hence this complaint for an order directing the opposite parties either to replace the defective mobile phone with new one of the same category or to refund the price of     Rs.6,951/- paid by the complainant along with compensation of Rs.5,000/- and Rs.2,500/- as cost of this proceedings.

                   3. In this case opposite parties are exparte.

                   4. On the basis of the pleading of the parties, the only point to be considered is whether this complaint can be allowed or not?

                   5. The evidence of this complaint consists of the oral deposition of PW1 and Exts.A1and A2.  After closure of evidence, complainant was heard.

                  6. The point:-  The complainant’s allegation is that the mobile phone purchased by him from the 1^st opposite party became defective with in the warranty period.  The complaint is relating to the settings.  The complainant properly intimated to the 1^st opposite party who rectified the defect.  But subsequently the same complaint arose on 12.07.2014.  The complainant intimated to the 1^st opposite party again.  As per the direction of the 1^st opposite party, he approached the 2^nd opposite party for rectifying the complaint.  The 2^nd opposite party told that the defect of the mobile set is in the touch screen and further told that the complainant will not get the warranty benefits because it was not issued through the G.T. Links.  So the 2^nd opposite party refused to repair the mobile phone and told that its servicing centre is only at Mumbai.  However, they have not rectified the defects of the mobile phone.  The above said act of the opposite party is a clear deficiency in service which caused mental agony and financial loss to the complainant.   Therefore, the complainant prays for allowing the complaint.

                   7. In order to prove the case of the complainant, complainant adduced oral evidence as PW1 and 2 documents were produced which are marked as Exts.A1 and A2.  Ext.A1 is the bill No.10564 dated 05.05.2014 issued by the 1^st opposite party in the name of the complainant for Rs.6,951/- in respect of the mobile phone in question.  Ext.A2 is the users manual and warranty card issued by the 1^st opposite party offering one year warranty.

                   8. On the basis of the available materials on record, it is seen that the complainant had purchased a mobile phone for Rs.6,951/- on 05.05.2014 from the 1^st opposite party vide Ext.A1.  The allegation of the complainant is that the complaints of the mobile phone occurred during the warranty period is not rectified by the opposite parties.  Since the opposite parties are exparte, we find no reason to disbelieve the allegations of the complainant against the 1^st opposite party.  Therefore, the complainant’s case stands proved as unchallenged.  As per Ext.A2, it is found that 2^nd opposite party is not an authorized service centre and hence we find no deficiency in service against 2^nd opposite party.  Further, the direction given to the complainant by the 1^st opposite party for approaching 2^nd opposite party is found as a misguidance.  The non-redressal of the complainant’s grievance as well as the misguidance of the 1^st opposite party is a clear deficiency in service and is an unfair trade practice and hence 1^st opposite party is liable to the complainant for the same.  Hence we find that this complaint is allowable against 1^st opposite party.

                   9. In the result, this complaint is allowed, thereby the 1^st opposite party is directed to replace the defective mobile phone with a new phone of the same brand along with compensation of Rs.2,500/- (Rupees Two Thousand Five hundred only) and cost of Rs.1,500/- (Rupees One Thousand Five hundred only) to the complainant within 15 days from the date of receipt of this order, failing which the complainant is allowed to realize Rs.6,951/- (Rupees Six Thousand Nine hundred and fifty one only) along with compensation and cost ordered herein above with 10% interest per annum from today till the realization of the whole amount.

                   Declared in the Open Forum on this the 17^th day of October, 2014.

                                                                                                 (Sd/-)

                                                                                          Sheela Jacob,         

                                                                                        (Member – II)

Sri. Jacob Stephen (President)            :     (Sd/-)

Smt. K.P. Padmasree (Member - I)      :     (Sd/-)

Appendix:

Witness examined on the side of the complainant:

PW1   :   K.K. Gopi

Exhibits marked on the side of the complainant:

A1 :  Bill No.10564 dated 05.05.2014 for Rs.6,951/- issued by the 1^st  

         opposite party in the name of the complainant. 

A2 :  User’s manual and warranty card issued by the 1^st opposite  

         party.

Witness examined on the side of the opposite parties:  Nil.

Exhibits marked on the side of the opposite parties:   Nil.

                                                                                            (By Order)

                                                                                                    (Sd/-)

                                                                                   Senior Superintendent

Copy to:- (1) K.K. Gopi, Kalariyil Veedu, Near Deepa Tower,

                     Thiruvalla, Pathanamthitta – 689 101.                                 

1.  Manager, Mobile Store, (Essar Group Ltd.),

            Thiruvalla Branch – 689 101.

1.  Service Manager, Arabian Distribution,

            T.B. Road, Kottayam, Pin – 686 001.

       (4) The Stock File.