Date of Filing:16.09.2009<br /> Date of Order:30.10.2009<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 30TH DAY OF OCTOBER 2009<br /> <br /> PRESENT<br /> <br /> <br /> <br /> Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> COMPLAINT NO: 2226 OF 2009<br /> <br /> M.S. Shivakumar<br /> S/o. Shamanna<br /> No. 113, Mandur Village<br /> Bidarahalli Hobli<br /> Bangalore East Taluk<br /> Bangalore 560 049 Complainant<br /> <br /> V/S<br /> <br /> 1. Manjunatha Telecom<br /> Reliance Communication<br /> # 15, Favourite Plaza<br /> M S O Colony, Banaswadi<br /> Main Road, Bangalore 560033<br /> Rep. by its Manager<br /> <br /> 2. Cell Solution<br /> Samsung India Electronics Ltd.<br /> # 46/1, 1st Cross, Domlur Layout<br /> Airport Road, Bangalore 560 071<br /> Rep. by its Managing Director<br /> <br /> 3. Samsung Customer Service Plaza<br /> Shop No. 8 & 9, Ground Floor<br /> A-1, Khira Nagar, Opp. Bata Showroom<br /> S.V. Road, Santacruz (West)<br /> Mumbai 400 054<br /> Rep. by its Managing Director Opposite Parties<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed under section 12 of the Consumer Protection Act.<br /> The facts of the case are that the complainant has purchased mobile handset on 19.05.2009 for Rs. 6,300/- from opposite party No. 1. After one week the complainant noticed defects in the mobile handset. Said defects were brought to the notice of opposite party No. 1 on 25.06.2009 but in turn referred the same for repairs to opposite party No. 2, opposite party No. 2 kept the mobile with him for two days and returned the set without any repairs. Service was defective. Complainant was not satisfied with the service of opposite parties. Warranty is in force. Opposite parties are jointly and severally responsible. There was breach of warranty and deficiency of service on the part of opposite parties. Therefore, the complainant issued legal notice through counsel. Notice was served on the opposite parties. However, they kept mum and failed to comply the legal notice. Hence, the complaint seeking that opposite parties be directed to pay damages of Rs. 25,000/-.<br /> 2. The opposite parties were not appeared before this forum even though served with notice. Opposite parties not even sent defence version by post also. The case put up by the complainant has gone unchallenged. The opposite parties failed to contest the matter. Therefore, there are absolutely no reasons to disbelieve the case of the complainant. Opposite party No. 1 being a dealer and opposite party No. 2 authorized service centre are duty bound to supply the product to the customers to their satisfaction. The defective product cannot be sold to the customers. The complainant having purchased the mobile from opposite party No. 1 who is a dealer faced problem and the mobile found to be defective and not working properly and same was brought to the notice of opposite party No. 1 and opposite party No. 2 being a service centre did not set right the defect. Therefore, naturally, complainant suffered inconvenience, mental agony, tension etc. The complainant is definitely entitled for the refund of the amount which he has paid for purchasing the mobile set. Consumer Protection Act is a social and benevolent legislation intended to protect better interests of consumers. The interest of the complainant who is a ‘Consumer’ under the Act requires to be protected and opposite parties to be directed to refund the amount. The complainant has prayed for grant of damages of Rs. 25,000/- against the opposite parties. On the facts and circumstances of the case this is not a fit case to grant that much of compensation. The ends of justice will be met in ordering the opposite parties to refund the amount of Rs. 6,300/-. In the result I proceed to pass the following:<br /> ORDER<br /> <br /> 3. The complaint is allowed. The opposite parties jointly and severally directed to refund Rs. 6,300/- to the complainant within 30 days from the date of this order. The complainant is also entitled for 9% interest p.a. on the above amount from the date of complaint till payment / realisation.<br /> 4. Complainant is also entitled for Rs. 500/- as costs of the present proceedings from the opposite party.<br /> 5. Send the copy of this Order to both the parties free of costs immediately. <br /> 6. Pronounced in the Open Forum on this 30TH DAY OF OCTOBER 2009. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> MEMBER MEMBER <br />