IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Wednesday, the 31st day of August, 2016.
Filed on 26/03/2016
Present
1) Smt. Elizabeth George (President)
2) Sri. Antony Xavier (Member)
3) Smt. Jasmine D (Member)
in
CC/No.98/2016
Between
Complainant: Opposite parties:
Aslam (Muhammed Aslam. K. A) 1. Micromax House,90B
S/o. Abdul salam.K.H Sector-18 Gurgaon,
Kuttikad, Ponnad.P.O Hariyana Pin-122015
Mannancherry, 688538,
Alappuzha. 2. Proprietor, Arzan Technology
Revathi Heights, Ground floor,
Opp. T.D. Medical college,
Vandanam.P.O, Alappuzha,
Pin: 688004
3. Manager, Micro max Service center
Getronics,1st Floor Karthika Building
Opp: SDV School, Alappuzha
Pin: 688013
O R D E R
Smt. JASMIINE (MEMBER)
The case of the complainant is as follows:-
The complainant purchased a micro max mobile phone from the 2nd opposite party for an amount of Rs 10,750/- on 6/10/2015. After one month from the date of purchase of the phone it became defective and the opposite parties repaired the phone but the same was not working properly and the opposite parties replaced the mobile phone with a new one. But unfortunately the replaced phone also became defective and the complainant requested the opposite parties either to replace the phone or to refund the price of the mobile phone but opposite party failed to do so. The complainant sustained much mental agony and hence filed this complaint seeking replacement of the defective phone or to refund of the price of mobile phone along with compensation and cost.
2. Notices were issued to the opposite parties, but they did not file any version and hence the opposite parties were set ex-parte.
3. The complainant filed proof affidavit and documents Exts A1 and A2 were marked. The complainant also produced the mobile phone before the Forum which was marked as Ext MO1.
4. Considering the allegations of the complainant Forum has raised the following issues for consideration:
1.Whether there is any deficiency in service on the part of the opposite parties?
2.Whether the complainant is entitled to get any relief as prayed for?
5. The case of the complainant is that he purchased the mobile phone from the 2nd opposite party manufactured by the 1st opposite party for an amount of Rs. 10,750/- on 6/10/2015. The phone became defective during the warranty period and the opposite party had replaced the phone. But unfortunately the replaced phone also became defective and the complainant could not use the phone. The complainant requested the opposite parties either to replace the phone or to refund the price of mobile phone. But the opposite parties failed to do so. The complainant sustained much mental agony and hence filed this complaint.
6. Complainant filed proof affidavit along with 2 documents, Ext A1 is the invoice dated 6-10-15 and Ext A2 is the job sheet. Form Ext A1 it can be see that the complainant purchased the mobile phone on 6/10/2015 for an amount of Rs.10, 750/-(Ten thousand seven hundred and fifty only). The product has one year warranty. Since the supplied phone is defective during the warranty periods the opposite party has replaced the phone. According to the complainant replaced phone also became defective and he could not use the phone. Even though complainant intimated opposite parties about defect, the opposite parties have not shown any earnest effort to rectify the defect or to replace the mobile phone. Since opposite parties failed to rectify the defect which arose within the warranty period amount to deficiency in service. The complainant proved his case by supporting documents so the complainant is entitled to get the relief. The opposite parties are jointly or severally liable for that.
In the result complaint is allowed. The opposite parties are directed to refund the price of the mobile phone Rs.10, 750 (Rupees Ten thousand seven hundred and fifty only) to the complainant. The opposite parties are further directed to pay an amount of Rs. 1000/- (Rupees One Thousand only) towards the cost of this proceedings. The order shall be complied within one month from date of receipt of this order failing which the amount Rs.10, 750/- shall carry interest at the rate of 10% per annum from the date of order till realization on compliance of the order the opposite party can collect the Mobile Phone from the office of this Forum.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in Open Forum on this the 31st day of August 2016.
Sd/-Smt. Jasmine D (Member)
Sd/-Smt. Elizabeth George (President)
Sd/- Sri. Antony Xavier (Member)
Appendix:-
Evidence of the complainant:-
Ext.A1 - Invoice for Rs. 10750/-
Ext.A2 - Job sheets
ExtMO1 - Mobile Phone
Evidence of the opposite parties:- Nil
-//True copy//-
By Order,
Senior Superintendent.
To
Complainant/Opposite parties/SF
Typed by: Br/-
Compd.By:
