CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM Present. Sri.Santhosh Kesavanath.P. President Smt.Bindhu M.Thomas Member Sri.K.N.Radhakrishnan Member.
CC.No.44/09 Tuesday, the day of 8th, September, 2009.
Petitioner. Mohanan Porunnakottu house Uzhavoor.P.O. Uzhavoor village Kottayam. (Adv.K.Vinod) Vs. Opposite parties. 1. The Manager Amal View Electronics Kattakayam Kunjamma Tower Pala. 2. The Managing Director MOTROLA (U) Ucom Technologies Pvt. Ltd. Having it Corporate Office At A-26 B-1 Extension Mohan Co-operative Industrial Estate Madhura Road New Delhi-11004.
O R D E R
Sri.K.N.Radhakrishnan, Member. The case of the complainant is as follows. He had purchased mobile phone Motrola W 375 from the Ist opposite party on 14-10-2008 for an amount of Rs.2500/- which was manufactured by the 2nds opposite party. After two days of purchase the said mobile phone
-2- became defective and it was automatically switching off and was inoperative. He contacted the Ist opposite party on 18.10.2008. Then they told that it was minor detect and they will repair the same. Thereafter Ist opposite party given the mobile phone after one week stating that they cured the defect. Again on 17.11.2008 the same complaint was happened to the mobile phone. But the same defects repeated many times. On the last week of December the mobile phone became totally useless. Since the complainant is an auto driver the defect of the mobile materially affected his income. Thereafter on 29-12-2008 the complainant returned the mobile phone to the Ist opposite party and demanded to issue a fresh mobile phone. They collect mobile phone along with the warranty paper and issued the service card. They told that they would repair the mobile phone. But due to the past experience complainant demanded either the prize of the mobile or a fresh mobile phone instead of the earlier one. Then the Ist opposite party threatened complainant and abused him. The complainant made a complaint before SI of police, Pala. But there was no effective remedy on the part of the police and then he issued a lawyers notice to the Ist opposite party. But the opposite parties did not settle the matter or sent any reply. Both the opposite parties are jointly and severally liable for the inconvinence caused to the complainant. Hence this complaint. The notices were served with the opposite parties. They did not appear before this forum either in person or through their counsel even afteraccepting the notice from this forum. Hence both opposite parties are -3- set exparte. The complainant filed proof affidavit and documents which were marked as exhibit A1 to A9. Heard complainant. The case of the complainant is that the mobile phone became defective within a short period after purchase. According to him the same defects happened repetedly. The opposite parties has not taken any steps to cure the defect as alleged in the complaint or to replace with a new mobile phone or the price of it. The sworn proof affidavit and documents of the complainant stands un-challenged by the opposite parties even after accepting the notice from this Forum. Hence we have no reasons to dis-believe the case of the complainant. We are of the opinion that the case of the complainant is to be allowed. Both the opposite parties are jointly and severallyliable to compensate the complainant. In the result the complaint is allowed as follows. We direct the opposite parties to pay Rs.2500/- (ie.price of the mobile phone) to the complainant and pay Rs.1000/- as compensation for inconveniencesand pay Rs.750/- as costs of these proceedings. The order shall be complied with within a period of one month from the date of receipt of a copy of this order.
Sri.K.N.Radhakrishnan Member Sd/- Sri.Santhosh Kesavanath.P. President Sd/- Smt.Bindhu M.Thomas Member. Sd/-
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APPENDIX Documents for the petitioner:
Ext. A1: Invoice Dtd: 14..10..2008 Ext. A2: Copy of warranty Ext. A3: Service Card Ext. A4: Service card Ext. A5: Service card Dtd: 29..12..2008 Ext. A6: Copy of notice Dtd: 30..1.2..2008 Ext. A7: C opy of lawyers notice Dtd: 31..12..2008 Ext. A8: Postal receipt Ext. A9: Postal A/D Card. By Order,
Senior Superintendent
Received on / Despatched on
KGR. 5 cs.
......................Bindhu M Thomas ......................Santhosh Kesava Nath P | |