D.o.F:22/12/2011

D.o.O:19/3/2012

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                             CC.NO.354/11

                     Dated this, the 19th     day of March 2012

PRESENT:

SRI.K.T.SIDHIQ                         : PRESIDENT

SMT.P.RAMADEVI                    : MEMBER

SMT.BEENA.K.G                       : MEMBER

Ratheesh Kumar.K,

S/o K.Krishnan Nair,

R/at  Krishna, Varakkot Vayal,                               : Complainant

Pilicode, Hosdurg, Kasaragod.

(Adv.Nisha.K, Hosdurg)

M/s Selection Mobile world,

Near Hotel Milon,

Chattanchal,Manager,

2. M/s Samsung authorized Service Centre,          : Opposite parties

Krishna Care, Mukkmo in B/W.

Kaltex and AKG Hospital, Kannur.

3. M/s Samsung India Electronic Pvt.Ltd,

B Sector 81-2 Noida, Gowtham Biddi Nagar,

Uttar Pradesh.

(Exparte)

                                                           ORDER

SRI.K.T.SIDHIQ      : PRESIDENT

The case of the complainant in nutshell is as follows:

On 22/3/11 complainant purchased a mobile phone Samsung GTC 3222 from Ist  opposite party manufactured by 3^rd opposite party.  2^nd opposite party is the authorized service centre of 3^rd opposite party.  Soon  it started showing defects.  So when contacted Ist opposite party they advised him to entrust the mobile phone with 2^nd opposite party through  Sushanth Trades Payyanur.  Subsequently after  much enquiry  on 3/5/11 it was informed him that the mobile phone is ready at Payyanur and he can take it back  after proper acknowledgment.  But again when plugging to charge there  was no change.  Though he again contacted 2^nd opposite party, they told him to wait till 14/5/11 .  But nothing was done even there after.  The complainant has sustained heavy loss and damages on account of the negligence and deficiency in service of opposite parties.  Therefore the complaint.

2   In spite of receipt of notice by registered post, the opposite parties 1&2 remained absent. The registered notice sent to 3^rd opposite party neither returned nor the acknowledgment received  back.  Hence notice to 3^rd opposite party also  deemed to  have served U/s 28(3) of Consumer Protection Act and all the opposite parties had to be set exparte.

3   Complainant filed affidavit in lieu of examination in chief reiterating what is stated in complaint.  Exts.A1 to A4 marked on his side.   Counsel for the complainant heard.  Documents perused.

4  Ext.A1 is the copy of the lawyer notice dtd.21/5/2011 issued to all  opposite parties.  Ext.A2(a)& A2(b)  are the acknowledgments.  Ext.A3  is a copy of letter issued   to M/s Sushanth Traders Payyanur.  Ext.A4 dtd.24/3/11 is the  copy of purchase bill with warranty.

5  Ext.A4 shows that complainant paid 4600/- towards the purchase of  Samsung  Chitchat Dual sim mobile phone.  Ext.A3  certifies that the mobile phone is again received  by them for repair with the same complaint on 3/5/2011 and that  set is forwarded to the service  centre for repair and  it is not received back till 16/5/2011.

6    The exhibits produced itself shows that the opposite parties were grossly negligent in their after sale service rendered to complainant.  They not only failed to repair the mobile phone but in giving back it to the customer also they were totally negligent.  The 3^rd opposite party who manufactured the above kind of sub standard products is mainly aimed in making profit and therefore they did not even care to respond to the notice received from the Forum.  The said behavior itself speaks volume about the   nature of unfair trade practice committed by them in our country.

7       We are of the view that 3^rd opposite party shall be restrained from selling sub standard mobile phones in the markets of our country without much studies and experiments.  It appears that they are offering warranty to their products without any adequate and proper test, and as a result the unfortunate consumers who happened to buy their products are destined to suffer hardships, pecuniary loss and mental agony.

   Therefore the complaint is allowed  and opposite parties 1 to 3 are directed to refund the sum of 4600/- to the  complainant being the price of Samsung Chit Chat Dual sim GTC 3222 mobile phone  with a compensation of ` 5000/-.  3<sup>rd</sup> opposite party is also directed to deposit a sum of  ` 25,000/-  in the  Consumer  Legal Aid  Account attached to the Forum.  The opposite parties 1 to 3 are jointly and severally directed to pay `3000/- to  the complainant towards the  cost of these proceedings.  Time for  compliance is limited to 30 days from the date of receipt of copy of the  order

Exts:

A1 dtd.21/5/2011-  copy of the lawyer notice issued to all  opposite parties. 

A2(a)& A2(b) - acknowledgments.

A3 - copy of letter issued   to M/s Sushanth Traders Payyanur.

A4 dtd.24/3/11 is the  copy of purchase bill with warranty.

MEMBER                                     MEMBER                                       PRESIDENT   

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