BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.

            Dated this the day of 3^rd day of September 2019

                                                                                                Filed on : 03.07.2018

PRESENT:

Shri. Cherian K. Kuriakose,                                              President.

Shri. V. Ramachandran                                                    Member.

                        C.C.No. 280/2018 

Between

O R D E R

V. Ramachandran, Member

1. A brief statement of facts of this complaint is as stated below:

The complainant in this petition ie., Midhun Mohan, Mohanam House, Kaitharam Paravur taluk states that he had visited Micromax Cave located at Palarivattam as 25.06.2018 for servicing his two year old smart phone the IMEI number of which was not showing perfectly.  The complainant had asked to check the phone to ascertain complaint if any.  After five minutes, the service personnel told the complainant that PCB of the phone is completely damaged and an amount of Rs.2,500/- will cost to replace it.  The complainant told that he don’t want to change it and asked to return his phone.  They charged Rs.100/- for checking the complaint and returned the phone.  There after the phone could not be switched on. The service personnel said that the phone was dead while they tried to reload the software.  The complainant did not argue with them and returned.  The Manager of the firm was contacted by the complainant but he said that he don’t have any responsibility in the matter.  Thereafter the phone is in vibrating mode while pressing the power button and the complainant showed it to one of his friend who do service works and he told the complainant that the strips of the phone is in detached stage from the mother board.  This is because of the negligence and irresponsibility happened from the side of the authorized service centre. The complainant has produced the bill No. 024 dated 25.06.2018 for Rs.100/- issued by AARJAY Associates being the labour charges and also the recorded C.Ds to prove the conversation he had with the Manager of the firm.

2. The complainant has asked for replace the phone with a new one or to retain back his phone in the previous conditions, and also for the grant of a compensation of Rs.10,000/- for the mental agony, harassment and sufferings occurred from the opposite party.
3. Notice was issued to the opposite party from this Forum and the opposite party did not make any response to it.  
4. Evidence in this case consists of ex-parte proof affidavit filed by the complainant. Exbt.A1 and A2 were marked on his side. Heard the Counsel for the complainant.
5. The issues to be decided in this case are as follows:

1. Whether there is any deficiency/lack of service from the opposite party sustained to the complainant?
2. Whether the complainant is entitled to get any compensation from the opposite party?
3. Reliefs and costs if any?

6. Issue No. (i)

It is proved from the evidences presented by the complainant that there is serious lapse and deficiency in service occurred from the opposite party M/s. Micromax Care AARJAY Associates, Palarivattom.We noted that there is gross deficiency in service and unfair trade practice happened on the side of the opposite party. The complainant had suffered a lot of inconvenience, financial loss, hardships, mental agony… etc. due to the negligent attitude committed by the opposite party. 

7. Issue No. (ii)

The deficiency in service and unfair trade practice from the side of the opposite party is proved from the evidences and hence the complainant is entitled to get compensation for the mental agony and physical strain sustained to the complainant. 

8. Issue No. (iii)

Since point No. (i) and (ii) are proved, the complainant is entitled to get the costs.

9. In the result, this complaint is allowed in part and we direct as follows:

1. The opposite party is directed to rectify the defects of the phone of the complainant free of cost.
2. The opposite party shall pay an amount of Rs.2,000/- towards compensation for the mental agony as well as hardships suffered by him.
3. The opposite party shall also pay an amount of Rs.2,000/- towards cost of the proceedings to the complainant.

The above orders shall be complied with, within 30 days from the date of receipt of a copy of this order.

Pronounced in the open Forum on this the 3^rd day of September 2019.

Sd/-

V.Ramachandran , Member

Sd/-

Cherian K. Kuriakose, President

Forwarded by Order

Senior Superintendent

APPENDIX

Complainant’s evidence

Exbt.A1       : copy of job sheet issued by AARJAY Associates dated    

                     25.06.2018

          Exbt.A2       :   original CD

Opposite party’s evidence       : Nil

Date of Despatch :

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                   By Post       :

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