PBEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 31st day of December 2011
Filed on : 07/10/2011
Present :
Shri. A Rajesh, President.
Shri. Paul Gomez, Member. Member.
Smt. C.K. Lekhamma, Member
C.C. No.538/2011
Between
Sunil K.T., : Complainant
Kalarikkal house, (By adv. Tom Joseph, Court
Annamkulangara lane, Road, Muvattupuzha)
Palluruthy, Kochin-6.
And
Manager, : Opposite party
Kaison Infoserve Pvt. Ltd. (absent)
No. 29, Orient Square,
S.A. Road, Kadavanthra,
Kochi-682 020.
O R D E R
C.K. Lekhamma, Member
The facts of the complainant’s case are as follows:
The complainant purchased a mobile phone (model, Roxy-01127150213) in May 2011. But the same was not working while inserting the BSNL Sim Card and it was entrusted with the opposite party, the authorized service centre, for repairing on 01-08-2011. They were given a standby mobile phone. That also was not working on the next day itself and thus it was returned to the opposite party. On enquiry the complainant came to know that his phone had scraped. Consequently the complainant issued letter to the opposite party and their head office at Bangalore. But the opposite party refused to accept the same. Hence the complainant approaches this Forum seeking direction against the opposite party.
i. To direct the opposite party to return the disputed mobile phone or to refund the price of the mobile phone and to get financial expenses incurred by the complainant.
2. The complainant appeared in person. Despite service of notice from this Forum the opposite party opted to remain absent. Complainant adduced only documentary evidence. Exts. A1 to A5 were marked. Heard the complainant.
3. The points that arose for determination are as follows:
(i) Whether the complainant is entitled to get his mobile phone
repaired together with fresh warranty from the opposite
party or to get refund of its Price?
(ii) Cost of the proceedings
4. Points Nos. i&ii. Ext. A1 is the warranty card of the gadget under dispute which shows that the same has been purchased on
25-05-2011. Ext. A2 is the letter issued by the complainant to the opposite party, which was returned with an endorsement “refused”. Ext. A3 is the A/D card addressed to the opposite party’s Bangalore office. Ext. A5 is the material receipt Chelan dated 29/08/2011 issued by the opposite party to the complainant. The said document shows that the complainant entrusted the disputed handset with the opposite party for repair during warranty. Ext. A4 label shows the MRP of the hand set, and its manufacturing date. The evidence of the complainant remains unchallenged. The opposite party has given ample opportunity to substantiate their contention. Even after receipt of notice the opposite party failed to appear in the Forum. As per Exts. A2 & A3 the complainant has duly made his demand to return his handset. For the reasons mentioned we are of the opinion that the case of the complainant is believable and hence the complainant is entitled to get back his mobile hand set in working condition from the opposite party. Since the opposite party is contractually liable to repair the handset under warranty period without any cost. In the facts and circumstances of the case we are not ordering any compensation but the complainant is entitled to get costs of the proceedings from the opposite party since the opposite party ought to have settled the dispute at the very out set.
5. Therefore, we partly allow the complaint and direct as follows:
i. The opposite party shall forthwith return the disputed handset
in working condition to the complainant without any cost
with fresh warranty for one year or in the alternative the
opposite party shall pay the price of the gadget as per Ext. A4
label to the complainant.
ii. The opposite party shall pay Rs. 1,000/- as litigation costs to the complainant.
The above said order shall be complied with within a period of one month from the date of receipt of a copy of the order, failing which the above amounts shall carry interest at the rate of 12% p.a. till realization.
Pronounced in the open Forum on this the 31st day of December 2011.
Sd/-
C.K. Lekhamma, Member.
Sd/-
A Rajesh, President.
Sd/-
Paul Gomez, Member.
Forwarded/By Order,
Senior Superintendent.
Appendix
Complainant’s exhibits :
A1 : Warranty card
A2 : Undelivered speed post
A3 : A.D. card
A4 : Label
A5 : Receipt
Opposite party’s Exhibits : : Nil
