By: Smt. Mini Mathew, Member
Complainant who approached this Forum is an Assistant Professor working at MES, College Mampad, Malappuram Dist. His case is that on 2-1-15 he had booked a mobile phone (Micromax U nite A092 (classy Black) B00L7EA 220) through amaxon.in for an amount of Rs.4905/- and his booking number is ID-403-9051997 – 0755563. Online payment was done on the same day itself. After that within one week the complainant had received the mobile phone from the 2nd opposite party. After a few months from the date of purchase complainant noticed same defects to the mobile phone and he entrusted the phone for repair before the authorized service centre of Micro max phones. On several occasions they repaired the phone and complainant had noticed the same defects even after those repairs. The battery of the mobile phone was also got changed by the complainant on three occasions. Now also the complainant is not is a position to use the mobile phone. It will affect his work very much. He is having an internet connection also. He could not use the internet with the above mobile phone. Hence he approached this Forum with his grievances
Notices issued from this Forum through registered post and they did not appear before this Forum. Hence name of the opposite parties were called and they were st ex-parte. Complainant filed affidavit in lieu of Chief Examination and documents were marked as Ext. A1 and A2. No contra evidence was adduced by the opposite parties.
Here the complainant paid Rs.4905/- through his account to the opposite parties being the sale price of the mobile phone he ordered. He got the phone. Thereafter within a short time the phone became defective. H e entrusted the phone for repair to the authorised service centre of Micromax mobile phones on so many occasions and he got the battery changed on three occasions. Even now the phone is not in a working condition. Complainant informed about the complaint's of the mobile phone to the customer care centtre of amaxon.in and at that time they informed that the warranty period of the phone is over. Hence the act of the opposite parties amounts to deficiency in service and unfair trade practice. That is to the compensated. Both opposite parties are jointly and severally liable to compensate the complainant. Hence we allow this complaint.
In the result, we direct the opposite parties to replace the phone with a similar one or to pay Rs.4905/- being the cost of the mobile phone to the complainant. We direct the opposite parties to pay Rs.5000/- for the mental agony and hardships suffered by the complainant, and Rs.2500/- as cost. The order shall be complied with in one month from the date of receipt of copy of this order.
Dated this 30th day of April, 2016
A.A.VIJAYAN, PRESIDENT
R.K.MADANAVALLY , MEMBER
MINI MATHEW, MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A2
Ext.A1 : Invoice
Ext.A2 : Order confirmation letter
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
A.A.VIJAYAN, PRESIDENT
R.K.MADANAVALLY , MEMBER
MINI MATHEW, MEMBER
