BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT

SHRI. P. SUDHIR                                :         PRESIDENT

SMT. SATHI. R                                   :         MEMBER

SMT. LIJU B. NAIR                            :         MEMBER

                                              C.C.No: 274/2015     Filed on  23/06/2015 

                                          Dated: 04..12..2015

Complainant:

Pramod. R., T.C.41/1233, ARWA-68, Manoj Bhavan, NSS Lane, Kuriathy, Manacaud-P.O., Thiruvananthapuram – 695 009.

                              (Party in person)

Opposite parties:

1. Micromax Mobiles, Micromax House, 90-b, Gurgao Sector-18, Gurgao-122 015.

2. Suresh Thomas, Proprietor, Smart Solutions, Micromax Authorised Service Station, Plamoodu, Pattom, Thiruvananthapuram – 695 004.

This C.C having been heard on 29..10..2015, the Forum on 04..12..2015  delivered the following:

ORDER

SMT. LIJU B. NAIR, MEMBER:

          Pramod. R., Manoj Bhavan, Thiruvananthapuram is the complainant in this case. Micromax Mobiles, Gurgao and Proprietor, Smart Solutions, Pattom, Thiruvananthapuram are the opposite parties in this case. Complainant purchased a Micromax mobile phone in May 2014 for an amount of Rs. 11,199/-. After its purchase it showed some defects and he got it repaired within days for the first two times.  The mobile is with the 2^nd opposite party from 12/02/2015.  On 11..05..2015 after 89 days he got an  information from the 2^nd opposite party that  the mobile will be replaced with a new one. They were ready to give him another model named Canvas 2 Colours. While receiving the same complainant asked the service person whether it is a new one, they assured him that it is a new one and advised him to check and if any problem exists come on the next day. When the complainant checked the phone at home, he found that it is an old one and it was used by another person till 30/01/2015. From the details in the mobile he came to know that the hand set belongs to one Smt. Chowramma Shwetha of Bangaluru. There was also her photos, mails, whatsup messages etc, so he switched off the device and returned the same to the 2^nd opposite party on 12/05/2015 itself. 2^nd opposite party accepted the same by giving him another job sheet as serial No. 3071. Till now they have not taken any steps either to replace the hand set with a new one or to rectify the defects of the earlier mobile which he had given on 12/02/2015. So he prays for refund of the purchase price along with compensation and cost which comes to around Rs. 21,199/-.

          2. Notice was issued to the opposite parties, but they failed to appear and we proceeded exparte against them.

          3. Points raised for trial:

          (i) Whether the allegation against the opposite parties is proved?

          (ii) Reliefs and costs, if any?

          4. Points (i) & (ii): Complainant filed affidavit along with 3 documents which were marked as Exts. P1, P2 & P3. Ext. P1 is the cash memorandum proving the purchase of the mobile for an amount of Rs. 11,199/-. Ext. P2 is the job sheet given by the 2^nd opposite party dated 28/05/2015. Ext. P3 is series of e-mails sent by the complainant to the opposite parties for the same cause of action. Perused the documents and heard the complainant. Nothing has been brought in contradiction to the allegations raised by the complainant against the opposite parties. So we are allowing the complaint. Complainant is eligible for refund of the purchase price, that is, Rs. 11,199/-. The purpose for which he purchased the mobile phone was not served and for the inconvenience and the mental agony suffered by him he is eligible for compensation also, which we fix at Rs.5,000/-.

          In the result, complaint is allowed. Opposite parties are directed to pay the complainant Rs. 11,199/- with 6% interest from 12/05/2015 (date of entrusting the mobile phone with the opposite party) along with Rs. 5,000/- as compensation. No order on cost. Time for compliance two months from the date of receipt of this order, if not complied Rs. 11,199/- will carry interest @ 9% till date of payment.           

         A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 4^th day of December, 2015.                                 

                                Sd/- LIJU B. NAIR         :         MEMBER

  Sd/- P. SUDHIR            :         PRESIDENT

Ad.                           Sd/- R. SATHI               :         MEMBER

C.C.No: 274/2015

APPENDIX

I.  Complainant’s witness                     :         N I L

II. Complainant’s documents:

          P1      : Copy of cash memorandum of Rs. 11,199/-

          P2      :  Job sheet dated 28/05/2015

          P3      :  Copy of series of e-mails

III. Opposite parties’ witness               :         N I L

IV.  Opposite parties’ documents         :         N I L

Sd/- PRESIDENT

   Ad.