1. JIMMY KORAH 2. K.Anirudhan 3. Smt;Shajitha Beevi
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
SRI. K.ANIRUDHAN (MEMBER) Sri. M.S. Joseph, the complainant has filed the complaint before this forum alleging deficiency in service on the part of the opposite party M/s. Prime Cell, Nokia Priority, Alappuzha. The contentions of the complaint is that on 18-07-2007, he purchased a Nokia Mobile phone vide no. 3110 Classic model from the opposite party for a sum of Rs. 6,400/-. But it became defective on 20-07-2007. He used the set for a period of below three hours. On 23-07-2007 at 1 pm, he contacted the opposite party and informed the details. Since the Manager was not there at that time, he again contacted the opposite party at 5.30 pm on that day. But the opposite party has not taken any earnest steps to rectify the defect of the set. Since he has not obtained any relief from the opposite party, the complainant has filed this complaint for replacement of the set along with compensations and costs. 2. Notice was issued to the opposite party. But he appeared before the Forum only once and not filed version. Considering the continuous absence of the opposite party, they were set exparte on 18-05-2008. 3. On the side of the complainant he has filed proof affidavit and produced one document-Ext.A1- marked. Ext. A1 is the original cash/credit Bill No. 1660 dated 18-07-2007 for a sum of Rs. 6,400/- towards the sale amount of the Nokia Mobile set No. 3110. The Bill shows that the opposite party has received the said amount from the complainant. 4. Considering the contentions of the complainant, this forum was raised the following issues:- 1) Whether there is any deficiency in service on the part of the opposite party? 2) Whether the complainant is eligible for costs and compensations from the opposite party? 5. Issues 1 and 2: From the document produced by the complainant it can be seen that the complainant has purchased the Nokia Mobile set from the opposite party for a sum of Rs. 6,400/- together with a sum of Rs. 800/- for setting Music Card in the set. But the set became defective within days time. When contacted, the opposite party has not taken any steps for exchanging a new one or rectified the defects of the set. This will amounts to gross negligence on the part of the opposite party and the opposite party is bound to compensate for negligence and unfair trade practices, and for mental agony and inconvenience of the complainant. Since there is deficiency on the part of the opposite party, the opposite party is liable to pay compensation and costs. Hence the complaint is to be allowed. The issues are found in favour of the complainant. 6. In the result, we direct the opposite party to give a new Nokia Mobilae Set having the same specifications with music Memory Card, to the complainant with a compensation of Rs. 1,500/- (Rupees One Thousand and Five Hundred only) for negligence and unfair trade practice on the part of the opposite party and for mental agony and inconvenience of the complainant, and costs of Rs. 500/- (Rupees Five Hundred only) for this proceedings. We hereby further direct the opposite party to comply the formality and pay the said amounts to the complainant within one month from the date of receipt of this order. Complaint allowed. Pronounced in Open Forum on this the 24th day of July, 2008. Sd/- Sri. K.Anirudhan Sd/- Sri. Jimmy Korah Sd/- Smt. N.Shajitha Beevi APPENDIX Evidence of the Complainant:- Ext. A1 18-07-2007 Original Receipt No. 1660 Evidence of the opposite party: NIL // True Copy // By Order Senior Superintendent To Complainant/Opposite party/SF Typed by: Sh/- Compd by:
