BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. P. SUDHIR                                       :  PRESIDENT

SMT. R. SATHI                                         :  MEMBER

SMT. LIJU B. NAIR                                  : MEMBER

C.C. No. 269/2016 Filed on 03.06.2016

ORDER DATED: 31.01.2018

Complainant:

Raju Abraham, Lakshmi Bhavan, KMLRA-40, Mosque Lane, Kumarapuram, Medical College P.O, Thiruvananthapuram-695 011.

                               (Party in person)

Opposite parties:

1. Managing Director, Micromax House, 90 B, Sector-18, Gurgaon, Gurgaon District, Haryana, India-122 015.

(By Adv. K.S. Vijayakumar)

2. Manager, M/s Connexion, T.C 202442(9), 3^rd Floor, Mena Thottam Chambers, Pattom, Thiruvananthapuram-4.
3. Proprietor, Sanio Mobiles & Electronics, Thakaraparambu, Thiruvananthapuram-695 023.  

                             (By Adv. Molamma Manuel & John Lawrence for 3^rd O.P)

This C.C having been heard on 21.12.2017, the Forum on 31.01.2018 delivered the following:

ORDER

SMT. R. SATHI:  MEMBER

The case of the complainant is that he purchased a mobile (IMEI No. 911400552473563) for Rs. 2000/- on 26.05.2015 from 3^rd opposite party manufactured by 1^st opposite party.  The mobile became defective after few days and was entrusted to the 2^nd opposite party service centre for repairs on 02.02.2016.  But the 2^nd opposite party neither repaired the mobile nor replace it with another even at the warranty period.  The mobile is with the 2^nd opposite party service centre.  Hence the complainant approached this Forum for refund of Rs. 2,000/- along with compensation of Rs. 10,000/- from the opposite parties. 

Opposite parties 1 & 3 appeared, but not filed any version.  2^nd opposite party accepted notice but failed to appear and therefore set exparte.  The 1^st opposite party and complainant filed settlement memo, but payment was not made as per settlement memo. 

Complainant filed affidavit in lieu of chief and marked Exts. P1 and P2. 

Issues:

1. Whether there is any deficiency of service on the part of opposite parties?
2. Whether the complainant is entitled for the reliefs sought for?

Issues (i) & (ii):- The case of the complainant is that he purchased a mobile (IMEI No. 911400552473563) for Rs. 2000/- on 26.05.2015 from 3^rd opposite party manufactured by 1^st opposite party as per Ext. P1.  The mobile became defective after few days and was entrusted to the 2^nd opposite party service centre for repairs on 02.02.2016.  But the 2^nd opposite party neither repaired the mobile nor replace it with another even at the warranty period.  The mobile is with the 2^nd opposite party service centre and complainant produced Ext. P2 job sheet.  Hence the complainant approached this Forum for refund of Rs. 2,000/- along with compensation of Rs. 10,000/- from the opposite parties.  From Ext. P2 it is seen that the mobile is with the service centre from 02.02.2016 and found that the defect occurred during the warranty period.  The complainant stated that the mobile is with the 2^nd opposite party.  Thus on going through evidence and statement it is found that there is clear deficiency in service and unfair trade practice on the part of opposite parties.  Hence complaint is allowed by directing the opposite parties jointly and severally to refund Rs. 2,000/- along with costs of Rs. 2,000/-.

In the result, complaint is allowed by directing the opposite parties jointly and severally to refund Rs. 2,000/- (Rupees Two Thousand only) along with costs of Rs. 2,000/- (Rupees Two Thousand only) within one month from the date of receipt of this order failing which the amount of Rs. 2,000/- shall carry interest @ 12% from the date of default till payment. 

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 31^st day of January 2018.

     Sd/-

R. SATHI                               : MEMBER

      Sd/-

P. SUDHIR                            : PRESIDENT

      Sd/-

                                                                        LIJU B. NAIR                        : MEMBER

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C.C. No. 269/2016

APPENDIX

  I      COMPLAINANT’S WITNESS:

                             NIL

 II      COMPLAINANT’S DOCUMENTS:

P1     - Copy of cash bill dated 26.05.2015

P2     - Copy of job sheet dated 02.02.2016

III      OPPOSITE PARTY’S WITNESS:

                             NIL

 IV     OPPOSITE PARTY’S DOCUMENTS:

NIL

                                                                                                      Sd/-

PRESIDENT

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