BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. P. SUDHIR                                         : PRESIDENT

SMT. PREETHA G. NAIR                           : MEMBER

SRI. VIJU V.R                                             : MEMBER

C.C. No. 189/2018 Filed on 23.05.2018

ORDER DATED: 07.11.2019

Complainant:

Shibin Sam. S, Kavadikuzhi Thalakkal Puthen Veedu, Kuttiyanicadu, Keezharoor P.O, Thiruvananthapuram-695 125.

   (Party in person)

Opposite parties:

1. The Managing Director, Flextronics Technologies India Pvt. Ltd., (DTA Unit), Plot 3, Phase II, Sipcot Industrial Park, Sandavellur ‘C’ Village, Sriperumbudur Taluk, Kancheepuram District, Tamil Nadu-602 106.
2. The Manager, Poomukhathu Agencies, Akshaya Shopping Complex, Main Road, Neyyattinkara-695 121.
3. The Manager, Lenovo Moto Authorized Service Centre, T.C 2/2444, Srishti Building, Pattom Palace Junction, Behind Parinay Jewellers in Pattom, Thiruvananthapuram-4. 

This case having been heard on 16.10.2019, the Forum on 07.11.2019 delivered the following:

ORDER

SRI. VIJU V.R : MEMBER

The  complainant has presented this complaint before this Forum under Section 12 of the Consumer Protection Act 1986, alleging that he had purchased a mobile phone (Motorola Moto M) from the 2^nd opposite party in a home credit loan scheme. But after two days of purchase the mobile phone became non-functioning.  The complainant gave the mobile phone for service to the 3^rd opposite party.  The 3^rd opposite party intimated the complainant that due to the complaint of mother board the mobile phone is not functioning.  The 3^rd opposite party was reluctant to replace the mobile phone.  The act of opposite party amounts to unfair trade practice and deficiency of service.  The 2^nd opposite party may be directed to give back the documents produced by the complainant, the advance amount and NOC, for that effect he had filed this complaint before this Forum.

Even though the opposite parties 1 to 3 received notice, they did not appear before this Forum and opposite parties were set exparte.

Issues to be ascertained:

1. Whether there is deficiency in service from the side of opposite parties?
2. Whether the complainant is entitled to get the reliefs?

Issues (i) & (ii):- Both these issues are considered together for the sake of convenience.  The complainant has filed chief affidavit in-lieu of chief examination and has produced 2 documents which are marked as Exts. P1& P2. Complainant alleges that he didn’t want the mobile phone as it became non- functioning within two days from the date of purchase.  The opposite parties did not turn up.  Hence the deposition of the complainant stands unshaken and there is nothing to rebut the evidence put forth by the complainant.  Ext. P1 is the Tax invoice-Cash Bill issued by the 2^nd opposite party to the complainant dated 02.05.2018, which shows the purchase of the mobile phone and Ext. P2 is the loan summary details. The opposite parties 1 & 2 were reluctant to replace the non functioning mobile phone.  The opposite parties cannot shut their eyes against the grievance occurred to the complainant. The opposite parties are jointly and severally responsible to a product sold to a consumer. From the documents produced by the complainant, we find that the complainant has succeeded in proving his case and there is deficiency in service from the side of opposite party. Hence the opposite parties are liable to compensate the complainant.

In the result, the complaint is allowed.  The opposite parties 1 to 3 are jointly and severally responsible for the grievance of the complainant. The 2^nd opposite party is directed to return the amount paid by the complainant as advance i.e;      Rs. 6000/- and also the loan papers submitted by the complainant and also opposite parties 1 to 3 are directed to pay Rs. 1,000/- each as compensation to the complainant for the mental agony suffered by the complainant and Rs. 500/- each towards the cost of the proceedings within one month from the date of receipt of this order failing which the amount except cost carries interest @ 8% per annum from the date of default till realization.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 7^th day of November 2019.      

        Sd/-       

P.SUDHIR                              : PRESIDENT

        Sd/-

PREETHA G. NAIR  : MEMBER

       Sd/-

VIJU V.R                               : MEMBER   

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C.C. No. 189/2018 

APPENDIX

  I      COMPLAINANT’S WITNESS:

                             NIL

 II      COMPLAINANT’S DOCUMENTS:

P1     - Copy of tax invoice-cash bill dated 02.05.2018

P2     - Copy of loan summary

III      OPPOSITE PARTY’S WITNESS:

                             NIL

 IV     OPPOSITE PARTY’S DOCUMENTS:

NIL

                                                                                                      Sd/-

PRESIDENT

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