IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Monday the 31st day of October, 2016
Filed on 09.06.2016
Present
1. Smt. Elizabeth George (President)
2. Sri. Antony Xavier (Member)
3. Smt. Jasmine D (Member)
in
CC/No.190/2016
Between
Complainant:- Opposite parties:-
Sri. Babu. K.V. 1. Micromax Informatics Ltd.
Kochuveli Micromax House, 90-B-Sector
Kallappuram Gurgaon – 122 015
Muhamma P.O.
Alappuzha – 688 525 2. G-Tronics, Mobile Phone Sales &
Service, Oppo. SDV Boys School
Alappuzha
3. Moby Shoppe Sales & Service
Puthanangadi, Thanneermukkom
Varanam P.O., Alappuzha
O R D E R
SMT. JASMINE D. (MEMBER)
The case of the complainant in short is as follows:-
The complainant purchased a mobile phone from the third opposite party manufactured by the first opposite party for an amount of Rs.1799/- on 22.03.2016. The product has one year warranty, but after two weeks from the date of purchase, the phone became defective and the complainant could not use the phone. The complainant entrusted the 2nd opposite party who is the authorized service centre of the first opposite party for rectifying defect. Thereafter the complainant approached the 2nd opposite party many times for getting it repaired. But after one month the 2nd opposite party informed the complainant that the phone cannot be rectified, and they replaced the phone. But the replaced phone is not a new one and it also became defective. The complainant sustained much mental agony and hence filed this complaint seeking refund of the price of the mobile phone along with compensation.
2. Notice was served to the opposite parties. First opposite party appeared before the Forum and submitted that they are willing to settle the matter by refunding the price of the mobile phone. But the complainant was not amenable for the settlement, he needs compensation. The opposite parties 2 and 3 did not appear before the Forum, hence they were set ex-parte.
3. Complainant filed proof affidavit and produced 2 documents which were marked as Exts.A1 and A2. Complainant produced the mobile phone before the Forum which was marked as Ext.MO1.
4. Considering the allegations of the complainant , the Forum has raised the following issues for consideration:-
1) Whether there is any deficiency in service on the side of the opposite parties?
2) Whether the complainant is entitled to get the reliefs prayed for?
5. The case of the complainant is that the complainant purchased a mobile phone from the third opposite party manufactured by the first opposite party for an amount of Rs.1799/- on 22.03.2016. The product has one year warranty. The said phone became defective immediately after 2 weeks from the date of purchase of the produce, the defect was intimated to the opposite parties and the complainant entrusted the phone to 2nd opposite party for repairing. Complainant approached the 2nd opposite party many times for getting the phone repaired. After one month the 2nd opposite party informed the complainant that the phone could not be rectified and they replaced another phone. But the replaced phone is not a new one and it also became defective and the complainant could not use it. Hence the complaint is filed.
6. The documents produced by the complainant would show that the complainant purchased the phone on 22.3.2016 for an amount of Rs.1700/- which has one year warranty. During the warranty period it became defective even though the defect was intimated to the opposite parties, it was not rectified or replaced with a new one. At the time of hearing, the first opposite party submitted that they are ready to refund the price of the mobile phone. But the complainant needs compensation as he sustained much mental agony and inconvenience due to the act of the opposite parties. Admittedly the phone became defective on 22.3.2016 and first opposite party expressed their willingness to refund the price only on 7.10.2016 ie. after 6 months. According to the complainant, he contacted the opposite parties many times for getting refund of the price of the mobile phone or replacement of the mobile phone with a new one. But the opposite parties were not shown any earnest effort for the redressal of the grievances of the complainant. So, we are of opinion that the opposite parties have committed deficiency in service and the complainant is entitled to get refund of the amount and compensation and ordered accordingly. Though the complainant claimed for refund of Rs.1,799/-. Ext.A1 shows that complainant has remitted Rs.1,700/- only.
In the result, the complaint is allowed. The opposite parties are jointly and severally directed to refund the price of the mobile phone Rs.1,700/- to the complainant. The opposite parties are further directed to pay an amount of Rs.1000/- (Rupees one thousand only) towards compensation to the mental agony and inconvenience caused to the complainant. The order shall be complied within one month from the date of receipt of this order. Failing which the amount of Rs.1700/- shall carry interest @ 9% per annum from the date of complaint till realization. On compliance of the order the opposite parties can collect the mobile phone from the office of the Forum. There is no order as to costs.
Dictated to the Confidential Assistant, transcribed by her corrected by me and pronounced in open Forum on this the 31st day of October, 2016.
Sd/- Smt. Jasmine.D. (Member) :
Sd/- Smt. Elizabeth George (President):
Sd/- Sri. Antony Xavier (Member) :
Appendix:-
Evidence of the complainant:-
Ext.A1 - Bill dated 22.03.2016
Ext.A2 - Warranty card
Ext.MO1 - Mobile phone
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite Party/S.F
Typed by :- Pr/-
Compared by :-
