The complainant had purchased a mobile phone worth Rs.5199/- from opposite party No.3 on 26/5/16. With in the three weeks of the purchase itself the display became defective and when it was informed to opposite party No.3, they directed him to approach before opposite party No.1, who was the service centre. Thus on 21/6/16 it was entrusted for service under opposite party No.1. After one month of the entrustment , the complainant contacted the opposite party No.1 several times, but it was of no avail. Hence caused this complaint.
All opposite parties set exparte. The complainant filed chief affidavit and Ext. A1 to A3 are marked. Ext. A1 is the bill dated 26/5/16 for an amount of Rs.4730/-, Ext. A2 is the customer details and Ext. A3 is the warranty card.
Heard the complainant, perused the records. The value of the mobile phone is proved by Ext. A1 document ie Rs.5199/- and the warranty is proved by Ext. A3. Since there is no contra evidence, the case of the complainant has been proved. Opposite parties ought to have replace or repair the phone since the defects were seen during the period of warranty. That was not done and the same amounts to clear deficiency in service and hence we are passing the following orders.
The opposite parties shall pay Rs.5199/- to the complainant being the value of the mobile phone, Rs.5000/- towards compensation for mental agony and hardships suffered by the complainant and Rs.2500/- as cost of this proceedings. The liabilities of the opposite parties shall be jointly and severally.
This order shall be complied within one month from the date of receipt of the copy of this order, failing which, the complainant is entitled to get 12% interest upon the said amount from the date of receipt of the copy of this order.
Dated this 30th day of January, 2017.
A.A.VIJAYAN, PRESIDENT
R.K.MADANAVALLY , MEMBER
MINI MATHEW, MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A3
Ext.A1 : Bill dated 26/5/16 for an amount of Rs.4730/.
Ext.A2 : Customer details.
Ext A3 : Warranty card.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
A.A.VIJAYAN, PRESIDENT
R.K.MADANAVALLY , MEMBER
MINI MATHEW, MEMBER
