IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Monday the 31st day of October, 2016.
Filed on 29.06.2016
Present
- Smt. Elizabeth George (President)
- Sri. Antony Xavier (Member)
- Smt. Jasmine D (Member)
in
C.C.No.217/16
between
Complainant:- Opposite parties:-
Sri. Anil Kumar 1. Micromax Informatics
S/ORamachandaran Pillai Phase-2 Naraina
Kaalitharaveli Industrial Area
North Arayad P.O Delhi-110028
Alappuzha
2. M/S Getronics
Karthika Building
Oppo: SDV School
Alappuzha-688 013
3. QRS Retail Limited
Near YMCA
Alappuzha
O R D E R
SMT. JASMINE D. (MEMBER)
The case of the complainant is that he purchased a Micromax mobile phone from the 3rd opposite party on 6/7/2015 for an amount of Rs. 6,650/-. The product has 1 year warranty. The phone became defective during the warranty period and entrusted to the 2nd opposite party who is the authorized service center of the 1st opposite party. But it has not been repaired and returned so far. The complainant sustained much mental agony and hence filed this complaint.
2. Notice to the opposite parties was served but they did not appear before the Forum and hence opposite parties were set ex-parte.
3. The complainant produced 2 documents which were marked an ExtA1 and A2. Ext A1 is the bill issued by the 3rd opposite party. Ext A2 is the job sheet dated. 8/6/2016.
4. Considering the allegation of the complainant, this 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 the reliefs as sought for?
5. The case of the complainant is that he purchased a mobile phone from the 3rd opposite party manufactured by the 1st opposite party. The product has 1 year warranty. During the warranty period it became defective and the defect was intimated to the opposite parties and the complainant entrusted the phone to the 2nd opposite party, but the phone has not been repaired and returned so far. The complainant sustained much mental agony and hence this complaint.
6. Ext.A1 is the bill issued by the 3rd opposite party evidencing that the complainant had purchased a mobile phone manufactured by the 1st opposite party for an amount of Rs 6,650/- and Ext A2 job sheet show that the phone became defective during the warranty period.
7. The opposite parties even after getting notice from the Forum failed to attend the Forum and challenged the allegation leveled against them. Therefore the allegation of the complainant is believable on the basis of clear evidence before this Forum. The opposite parties have failed to rectify the defect. According to the complainant he contacted the opposite parties many time for getting it repaired but all the efforts were in vein. Therefore we hold that the opposite parties have committed deficiency in service and hence they are liable to refund the price of the mobile phone.
In the result the complaint is allowed. The opposite parties 1-3 are jointly and severally directed to refund the price of the mobile phone Rs.6,650/-(Six Thousand Six hundred and Fifty only) to the complainant. The opposite parties are further directed to pay an amount of Rs.1000/- (One Thousand only) towards compensation. No order as to costs. The order shall be complied within one month from the date of receipt of this order failing which the amount Rs. 6,650/-(Six Thousand Six hundred and Fifty only) shall carry interest @ 9% from the date of orders till realization.
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 issued by the 3rd opposite party
Ext.A2 - Job sheet Dtd 8/6/2016
Evidence of the opposite parties:- Nil
-//True copy//-
By Order,
Senior Superintendent.
To
Complainant/Opposite parties/SF
Typed by: Br/-
Compd.By:
