IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA

Friday the 30th day of September, 2016.

Filed on 30/12/2015

Present

  1. Smt. Elizabeth George (President)

  2. Sri. Antony Xavier (Member)

  3. Smt. Jasmine D (Member)

in

C.C.No.376/2015

between

Complainant:-                                                                         Opposite Parties:-

Sri. Gopakumar @ Gopan                                           1.         Micromax

S/o Radhakrishnan                                                                   Micromax house, 90B

Polakkulam                                                                               Sector-18

Sanathanapuram.P.O                                                               Gurgaon, Pin-122015      

Alappuzha-688 003                                                               

                                                                                    2.         The Proprieter

                                                                                                Alleppey Mobiles

                                                                                                 Oppo.Guru Juwellers

                                                                                                 Mullackal, 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 2^nd opposite party manufactured by the 1^st opposite party on 15-09-2014.  The phone became defective within 6 months from the date of purchase and entrusted to the 2^nd opposite party for rectifying the defect.  The 2^nd opposite party repaired and returned the phone after 1 month.  Thereafter the complainant noticed the defect of overheating and entrusted the 2^nd opposite party for repairing on 1-09-2015.  The 2^nd opposite party assured to replace the phone, but it has not been replaced so far.  The complainant approached the opposite parties many times for getting it replaced.  But the opposite parties have not shown any earnest effort in redressing the grievance of the complainant.  The complainant sustained much mental agony and hence filed this complaint.                                                          

            2.  Notice was served to the opposite parties.  1^st 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 is not amenable for the settlement.  He needs compensation.

            3.  The complainant filed proof affidavit and documents Exts. A1-A3 was marked.

Ext A1 is the copy of bill dated 15-09-2014. Ext A2 is the copy of job sheet dated 26-10-2015. Ext A3 is the job sheet dated 1-09-2015.

          4. Considering the allegations of the parties Forum has raised the following the Issues:-

1. Whether there is any deficiency in service on the part of the opposite parties?
2.  Whether the complainant is entailed to get relief as prayed for?

            5. Issues 1 and 2:-     

            The case of the complainant is that the complainant purchased a mobile phone from the 2^nd opposite party manufactured by the 1^st opposite party.  The product has 1 year warranty. During the warranty period the product became defective on many occasions and the opposite parties assured to replace the mobile phone, but the product has not been replaced so far.  Hence filed this complaint.

       6.  From the documents it can be seen that complainant purchased a mobile phone from 1st opposite party on 15-09-2014 for an amount of Rs.7, 000/- Exts A3 shows that the product was defective during the warranty period and defect was intimated to the opposite parties.   According to the complainant the opposite parties assured to replace the phone but it has not been replaced so far.  1^st opposite party appeared through counsel and submitted that they are ready to refund the price of the mobile phone. But the complainant is not willing for the same. He needs compensation.  Even though the complainant alleged that the phone became defective within 6 month from the date of purchase and the complainant and approached the opposite parties many times for getting it repaired or replaced. No document is produced to substantiate the same. From the documents it can be seen that the phone purchased on 15-09-2014 and the defect noticed on 1-09-2015.     It is clear from the documents that the defect arose within the warranty period. Since opposite parties failed to repair or replace the product even after getting intimation amount to deficiency in service.  So the complainant is entitled to get the relief.  The opposite parties are jointly and severally liable for that.

           In the result the complaint is allowed.  Opposite parties are directed to refund the price of the mobile phone Rs.7, 000/-(Rupees seven thousand only) to the complainant. The opposite parties are further directed to pay an amount of Rs 1,000/- towards compensation. Failing which            the amount of Rs.7, 000/- shall carry interest at the rate of 9% per annum from the date of order till realization to the complainant.

                  Pronounced in open Forum on this the 30^st day of September 2016.

                                                                                     Sd/- Smt. Jasmine D (Member)

                                                                                     Sd/- Smt. Elizabeth George (President)

                                                                         Sd/- Sri. Antony Xavier (Member)

 Appendix:-

Evidence of the complainant:- 

Ext.A1 -    Copy of bill dated 15-09-2014

Ext.A2 -   Copy of job sheet dated 26-10-2015

Ext A3-     Job sheet date 1-09-2015 consider

Evidence of the opposite parties:-  Nil

//True copy//-

                                                                                                                        By Order,

To

Complainant/Opposite party/SF.                                                        Senior Superintendent

Typed by: Br/-

Compd by: -