IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Thursday the 31st day of March, 2016
Filed on 26.12.2015
Present
1. Smt. Elizabeth George (President)
2. Sri. Antony Xavier (Member)
3. Smt. Jasmine D (Member)
in
CC/No.369/2015
Between
Complainant:- Opposite parties:-
Sri. Vipin Lal. P. 1. Micromax House
Pokkasserry House 90 B, Sector – 18, Gurgaon
Ramankary P.O. Pin – 122 015
Mampazhakkary
Alappuzha – 689 595 2. M/s. Getronics, Karthika
Buildings (FF), Oppo. SDV
School, Alappuzha – 688 013
O R D E R
SMT. JASMINE D. (MEMBER)
The facts of the complaint in short are as follows:-
According to the complainant on 18.1.2015 he purchased a mobile phone from the Phone Palace, Municipal Arcade, Changanasserry for an amount of Rs.5,800/-. The opposite party assured one year warranty for the product. On 6.11.2015 the phone became defective and entrusted to the second opposite party for rectifying the defect. But the opposite parties could not repair the same, hence filed this complaint claiming refund of the price of the mobile phone together with compensation and costs.
2. Notice was served to the opposite party, opposite party appeared before the Forum and submitted that they are willing to refund the price of the mobile phone.
3. Both parties have not adduced any evidence.
4. Considering the allegations of the parties, the Forum has raised the following issues:-
1) Whether there is any deficiency in service on the part of the opposite parties?
2) Whether the complainant is entitled to get any reliefs?
5. The complainant filed this complaint before the Forum on 26.12.2015. On 18.2.2016 opposite party expressed their willingness to settle the matter by refunding the price of the mobile phone. But the complainant needs compensation since he was dragged to the Forum unnecessarily.
In the result, the complaint is allowed. The opposite parties are directed to refund the price of the mobile phone of Rs.5800/- (Rupees five thousand and eight hundred only) within one month from the date of receipt of this order, failing which the amount shall carry interest @ 9% per annum from the date of order till realization to the complainant and the complainant is directed to return the disputed mobile phone to the opposite parties simultaneously. The opposite parties are further directed to pay an amount of Rs. 500/- (Rupees five hundred only) towards compensation to the complainant.
Dictated to the Confidential Assistant, transcribed by her corrected by me and pronounced in open Forum on this the 31st day of March, 2016.
Sd/- Smt. Jasmine.D. (Member) : .
Sd/- Smt. Elizabeth George (President):
Sd/- Sri. Antony Xavier (Member) :
Appendix:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite party/S.F.
Typed by:- pr/-
Compared by:-
