BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023

CONSUMER COMPLAINT NO.747-2015

DATED ON THIS THE 11^th March 2016

      Present:  1) Sri. H.M.Shivakumara Swamy

B.A., LLB., - PRESIDENT   

    2) Smt. M.V.Bharathi                    

                                   B.Sc., LLB., -  MEMBER

                     3) Sri. Devakumar.M.C.                  

                                                          B.E., LLB.,    - MEMBER

Sri Devakumar.M.C.

Member

1.     This complaint is filed by the complainant for changing the mobile with other reliefs.
2.     The brief facts alleged in the complaint are that the complainant purchased a mobile model NO.AQ50001 on 20.07.2015 for `8,500/-.  The said mobile was not properly functioning from 07.10.2015.  Thereby, it was given to the opposite party for necessary repairs.  The opposite party agreed to return the same after repair in 22 days even then not repaired the mobile. On 25^th day, the complainant received a call to receive the new piece, when he went to receive the same he found that the mobile is old, thereby he has not received the mobile.  Thereby, opposite party has not properly attended the problem of the complainant and there is deficiency of service.  Hence, this complaint is filed.
3.     In spite of service of notice, opposite party absent placed exparte.
4.     During evidence, the complainant filed his affidavit evidence and relied on 3 documents and closed his evidence.
5.     After hearing arguments, this matter is set down for orders.
6.     The points arose for our consideration are:-

1. Whether the complainant establishes that he has purchased mobile worth of Rs.8,500/- and there is problem in it, it was not attended by the opposite party, thereby, there is deficiency in service and as such he is entitled for the reliefs?
2.  What order?

7.    Our findings on the aforesaid points are as follows:

Point No.1 :- Partly in the affirmative.

Point No.2 :- As per final order for the following

:: R E A S O N S ::

8.    Point No.1:- During evidence, the complainant has sworn to evidence to the effect on 20.07.2015 he has purchased mobile under document No.1 from Mobile Palace situated at Devaraja Urs Road for `8,500/-.  This document is not in dispute. To establish that the complainant has handed over the mobile piece for repair on 07.10.2015, he has produced document No.2, which discloses that the complainant has handed over the mobile for repair.  Document No.3 is a letter by opposite party to the complainant with a request to receive the new piece which is being rejected by the complainant stating that it is not a new piece.  On the other hand, it is old as such he has refused to receive the same.  Thereby, the complainant has established that he is the ‘Consumer’ and opposite party is the ‘Service provider’.  The opposite party though received the mobile for repair failed to get the same repaired, on the other hand, made an attempt to hand over another mobile under document No.3 alleging that it is new piece.  But, the allegations of the complainant is that it is not a new piece, it is old one.  Thereby, he has refused to receive the same.  In view of the above discussions, it is clear that opposite party has received the mobile for repair failed to attend the repairs nor exchange the mobile with new one.  As such, there is deficiency in service on the part of opposite party, which is to be suitably compensated.  The complainant has sought for exchanging the mobile, but in this case, the mobile is still with opposite party without any repair as such this Forum finds that it is a fit case directing the opposite party to pay the actual cost of the mobile with interest and also to pay compensation and litigations expenses.  Hence, the point No.1 is answered partly in the affirmative.
9. Point No.2:- In view of the finding recorded on point No.1, the complainant is entitled for the reliefs as stated above.  Hence, the following

:: O R D E R ::

1. The complaint is allowed in part.
2. The opposite party is directed to pay `8,500/- to the complainant with interest at 18% p.a. from 07.10.2015  within in one month.
3. If the opposite party failed to pay the said sum, he has to pay penalty of `50/- per day.
4. Opposite party is directed to pay `3,000/- as compensation and `2,000/- as litigation expenses to the complainant. 
5. The said sum of `5,000/- shall be paid within one month from the date of this order, failing which the said amount shall carry interest at 18% p.a.
6. In case of default to comply this order, the opposite parties shall undergo imprisonment and also liable for fine under section 27 of the C.P.Act, 1986.
7. Give the copies of this order to the parties, as per Rules.

(Dictated to the Stenographer transcribed, typed by her, transcript corrected by us and then pronounced in open court on this the 11^th March 2016)

                          (H.M.SHIVAKUMARA SWAMY) 

                                      PRESIDENT     

(M.V.BHARATHI)                           (DEVAKUMAR.M.C.)

      MEMBER                                         MEMBER