BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023

CONSUMER COMPLAINT NO.1162-2016

DATED ON THIS THE 21^st October 2016

      Present:  1) Sri. H.M.Shivakumara Swamy

B.A., LLB., - PRESIDENT   

    2) Smt. M.V.Bharathi                    

                                   B.Sc., LLB., -  MEMBER

                     3) Sri. Devakumar.M.C.                  

                                                          B.E., LLB.,    - MEMBER

Sri H.M.SHIVAKUMARA SWAMY,

President

1.     This complaint is filed for a direction to opposite parties for handing over of mobile or in the alternative to pay the costs of the mobile i.e. Rs.6,990/- with compensation and costs. 
2.     The brief facts alleged in the complaint are that the complainant has purchased Micromax YU 5010 from the opposite parties.  There was some problem in the screen.  As such, the complainant has handed over the same to opposite party No.2 – service centre on 03.02.2016.  In spite of several days, opposite party No.2 did not properly respond to the complainant and failed to return the mobile after repair.  Thereby, the complainant was forced to approach the opposite party No.1 on different dates, in spite of it, there is no response from the ops.  Atlast on 21.03.2016, the complainant enquired in the service centre of opposite party No.2.  But, there was no proper response.  Hence, this complaint is filed for suitable directions and compensation.
3.     In spite of service of notice, the opposite party No.2 absent, placed exparte.  Opposite party No.1 is represented through the advocate, but failed to file version.  Then this matter is set down for evidence. 
4.     During evidence, the complainant has filed affidavit evidence and produced the job card issued by opposite party No.2.  Further evidence closed.  After hearing arguments, this matter is set down for orders.
5.    The points arose for our consideration are:-

1. Whether the complainant establishes that the he has handed over the mobile for repair which was returned by opposite party No.2, thereby there is deficiency in service on the part of opposite parties, as such he has entitled for reliefs claimed?
2.  What order?

6.    Our findings on the aforesaid points are as follows:

Point No.1 :- Partly in the affirmative.

Point No.2 :- As per final order for the following

:: R E A S O N S ::

7.    Point No.1:- By going through allegations in the complaint as well as in evidence affidavit, it is clear that the complainant has purchased Micromax mobile YU 5010.  The same number is being disclosed in the job sheet dated 03.06.2016 issued by opposite party No.2.  Under this, there is complaint of display touch screen calibration issue.  Opposite party No.2 not attended the defects in the mobile, in spite of repeated requests by the complainant, even after lapse of 45 days.  Thereby, the complainant has filed this complaint and sought for reliefs.  In the affidavit, it is further submitted that he got his mobile after filing of the complaint, but the opposite parties made him to suffer in so many days, thereby he wants compensation.
8.    In view of evidence placed by the complainant and in the absence of contrary evidence placed by the opposite parties, it is clear that the opposite parties have not attended the complaint immediately, they have made the complainant to visit opposite party No.2 on several occasions, which leads to mental agony.  Thereby, since the opposite parties have returned the mobile, there is deficiency in service in not attending the repairs well within the time and tarchering the complainant, it amounts to deficiency in service, i.e. suitably compensated.  Hence, point No.1 for consideration in the partly in the affirmative.
9.    Point No.2:- In view of the findings recorded on point No.1, the complainant has already received the mobile during pendency of this case, opposite parties are liable to pay compensation of Rs.3,000/- and litigation expenses of Rs.2,000/- to the complainant. Hence, the following

:: O R D E R ::

1. The complaint is partly allowed.
2. The opposite parties are jointly and severally directed to pay compensation of Rs.3,000/- and litigation expenses of Rs.2,000/- to the complainant, within 30 days from the date of this order.
3.  In default to comply, the opposite parties shall pay interest at 12% p.a. on the said total sum of Rs.5,000/- from the date of this order till payment.
4. In case of default to comply this order, the opposite parties shall undergo imprisonment and also liable for fine under section 27 of the C.P.Act, 1986.
5. Give the copies of this order to the parties, as per Rules.

(Dictated to the Stenographer transcribed, typed by her, transcript corrected by us and then pronounced in open court on this the 21^st October 2016)