BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 10th day of June 2016
Filed on : 09-03-2015
PRESENT:
Shri. Cherian K. Kuriakose, President.
Shri. Sheen Jose, Member.
Smt. Beena Kumari V.K. Member.
CC.No.171/2015
Between
Jitheesh, : Complainant
S/o. Late Kumaran, (By Adv. S. Renjith, J.R. Associates,
Kavullathil House, 1st Floor, Shivadas Towers, Opp.
Pandackal P.O., Mymoon Theater, Chittoor road,
Mahi Central Government Ernakulam, Kochi-18)
Region, Now working at
Code No.81421, Q1 shop,
Ship Repair Office,
Cochin Shipyard Ltd, Cochin.
And
1. Micromax Informatics Ltd., : Opposite parties
Micromax House, 697, (Absent)
Udyog Vihar, Phase-V,
Gurgaon, Pin-122 022,
Haryana,
Rep. By its Managing Director.
2. E-Store, Shop, No. A-31,
Basement, Penta Menaka,
Marine Drive, Cochin-31,
Rep. by its Proprietor.
3. M/s. Exclusive Care,
Authorised Service Centre
In Micromax Mobile Phones,
Usnaz Tower, M.G. Road,
Opp. Medical Trust Hospital,
Cochin-682 016,
rep. by its manager, Kamal Raj.
O R D E R
Cherian K. Kuriakose, President.
1. Complainant’s case
2. The complainant purchased a Micromax mobile phone on 17-12-2014 on payment of Rs. 10,600/- from the 2nd opposite party . The mobile phone was warranteed and after one month of its purchasing the phone started hanging. Therefore, the complainant took the phone to the 3rd opposite party on 05-02-2015 for service. The 3rd opposite party informed the complainant that the phone could be repaired within a short time. On 07-02-2015 the complainant was informed that the phone had inherent manufacturing defects and that it would be replaced shortly. Even though the phone was taken by the 3rd opposite party on 05-02-2015 it was neither replaced nor repaired till the filing of the complaint. Therefore, there is deficiency in service on the part of the manufacturer and service centre, warranting costs and compensation, according to the complainant.
3. Notices were issued to the opposite parties. All the opposite parties remained ex-parte.
4. When the matter came up for complainant’s evidence, the complainant filed a proof affidavit supporting the allegations and armaments in the complaint. Exbts. A1 to A3 documents were marked.
5. Issues to be considered are
i. Whether the complainant had proved that there was any deficiency
in service on the part of the opposite parties
ii. Reliefs and costs.
6. Issue No. i. Exbt. A1 is the warranty card issued in favour of the complainant for having purchased the mobile phone on 17-12-2014. Exbt. A2 is the purchase bill evidencing payment of Rs. 10,600/-. According to the proof affidavit of the complainant and Exbt. A3 job sheet dated 05-02-2015 it is seen that the complainant had entrusted the phone to the 3rd opposite party, the authorized service centre of opposite party 1 seeking repairs or replacement of the defective parts within warranty period. As the opposite parties did not appear to contest the matter, we find that the complainant’s proof affidavit and Exbts. A1 to A3 documents can be relied on and the issue is found infavour of the complainant.
7. Issue No. ii. Having found issue no. i in favour of the complainant , we find that the complainant is entitled to get back the phone repaired by the 3rd opposite party or in the alternative the 1st opposite party is bound to substitute the defective phone with the new one under warranty.
8.We therefore direct the 1st opposite party to substitute the mobile phone purchased by the complainant as per Exbt. A1, retail invoice within a period of one month from the date of receipt of a copy of this order.
9. The 3rd opposite party is directed to service the mobile phone entrusted by the complainant to it in the event of non-compliance of the order as above by the 1st opposite party .
The 1st opposite party is made liable and is directed to pay compensation of Rs. 5,000/- to the complainant and both 1st and 3rd opposite parties are jointly and severally liable to pay the complainant the costs of this proceedings which we estimate at Rs. 2,000/-.
Pronounced in the open Forum on this the 10th day of June 2016
Sd/-
Cherian K. Kuriakose, President.
Sd/-
Sheen Jose, Member.
Sd/-
Beena Kumari V.K., Member.
Forwarded/By Order,
Senior Superintendent.
Appendix
Complainant's Exhibits
Exbt. A1 : Copy of Retail invoice dt. 17-12-2014
A2 : Copy of job sheet dt. 05-02-2015
A3 : Warranty card
Opposite party's exhibits: : Nil
Copy of order despatched on:
By Post: By Hand:
