IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Tuesday, the 31st day of January, 2017.
Filed on 27-10-2016
Present
1.Smt. Elizabeth George (President)
2.Sri. Antony Xavier (Member)
3.Smt. Jasmine D (Member)
in
C.C.No.346/16
between
Complainant:- Opposite party:-
Sri. Rajan Manager/ Owner
S/O Prabhakaran Mobile Shore, Dr. Rahdakrishna
Thaithara Veedu Kartha Memorial Building
Thuravoor Panchayath Ward South of Devi Temple Cherthala
No.2, Cherthala Thaluk
O R D E R
SMT. JASMINE D. (MEMBER)
The case of the complainant in short is as follows:
The complainant purchased a mobile Phone from the opposite party on 2/8/2016 for an amount of Rs. 2,300/-. The product became defective within 1 month from the date of purchase and the complainant could not use the mobile phone. He entrusted phone to the opposite party on 6/9/2016 for repairing the mobile phone and the opposite party issued receipt for the same. Complainant contacted the opposite party many times over telephone and also through direct visit for getting the defects rectified. But opposite party failed to repair the phone and lastly when the complainant approached opposite party they demanded an amount of Rs. 350/- towards repairing charges. The opposite party is not willing to repair the defects under warranty. The complainant had sustained much mental agony and inconvenience. Hence filed this complaint seeking refund of the price of the mobile phone together with compensation.
2. Notice was served to the opposite party and they appeared before the Forum. Opposite party agreed to settle the matter by repairing the phone free of cost. The complainant also agreed for the same and accordingly opposite party repaired phone and produced before the Forum but after inspection the complainant intimated the Forum that the same is not working and he could not use the phone.
3. Considering the allegations of the complainant and contentions of the opposite party this Forum has raised the following issues for consideration:-
1) Whether there is any deficiency in service on the part of the opposite party?
2) Whether the complainant is entailed to get relief as prayed for?
4. The case of the complainant that the complainant purchased a mobile phone from the opposite party and during the warranty period the product became defective and entrusted the opposite party for rectifying defect but the defect has not been rectified. Hence this complaint.
5. Complainant Produced retail invoice issued by the opposite party which was marked as Ext.A1. Ext.A2 is the copy of work order form which it can be seen that complainant entrusted phone to the opposite party for repairing on 6/9/16. Ext A3 is the copy of warranty card.
6. Admittedly the product became defect during the warranty period and the opposite party failed to rectify the defect. It is pertinent to note that the product became defective immediately after one month from the date of purchase of the phone. The complainant purchased the phone honestly believing the assurance of the opposite party regarding warranty and after sale service. On considering fact of the case it is clear that the opposite party failed to provide after sale service to the complainant and it amounts to deficiency in service and the complainant the entitled to get the relief. So the complaint is to be allowed.
In the result the opposite party is directed to refund price of the mobile phone Rs. 2,300/-(rupees Two thousand three hundred only) to the complainant. The opposite party is further directed to pay an amount of Rs. 1000/- (Rupees Thousand only) towards compensation and Rs. 1000/- (Rupees Thousand only) towards cost.
The order shall be complied with in one month the date of receipt of a copy of the order. Failing which the amount of Rs. 2,300/- (Rupees Two thousand three hundred only) shall carry interest at the rate of 9% per annum from the date of complainant till realization. On compliance of the order the opposite party can collect the mobile phone from the office of the Forum. Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced
in Open Forum on this the 31st January 2017.
Sd/- Smt. Jasmine D (Member)
Sd/- Smt. Elizabeth George (President)
Sd/- Sri. Antony Xavier (Member)
Appendix:-
Evidence of the complainant:-
MO1 - Mobile Phone
Ext.A1 - Retail invoice
Ext.A2 - Working Order
Ext.A3 - Copy of warranty card.
Evidence of the opposite party:- Nil
//True copy//-
By Order,
Senior Superintendent.
To
Complainant/Opposite party/SF
Typed by:Br/-
Compd.By: -
