BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. P. SUDHIR                                       :  PRESIDENT

SMT. R. SATHI                                         :  MEMBER

C.C. No. 525/2015 Filed on 04.11.2015

ORDER DATED: 16.08.2016

Complainant:

Sachin, S/o Jwo RN Singh, LGS Section, Air Force, Akkulam-695 011.

                                       (Party in person)

Opposite parties:

1. Micromax, Micromax House, 90 B, Sector-18, Gurgaon-122 015.

2. Micromax Care, M/s Connexion, T.C 202992(9), 3^rd Floor, Menathottam Chambers, Pattom, Thiruvananthapuram-695 004.

This C.C having been heard on 12.07.2016, the Forum on 16.08.2016 delivered the following:

ORDER

SMT. R. SATHI:  MEMBER

In this instant case complainant purchased a mobile phone manufactured by the 1^st opposite party through online shopping site amazone for Rs. 11,999/- as per bill dated 12.10.2014.  The mobile became defective within the warranty period and the complainant approached the 2^nd oppsotie party service centre.  The 2^nd opposite party offered to replace the phone, but even after a lapse of 11 months the complainant neither provided with a new phone nor get his old one repaired.  The father of the complainant visited the service centre twice a week enquiring the issuance of a new phone.  But there was no result and the damaged phone is also with the service centre.  There is deficiency of service and unfair trade practice on the part of the opposite parties and therefore the complainant approached this Forum for directing the opposite parties to issue a new phone in the place of the defective one or to refund the cost of the phone Rs. 7,000/- towards compensation and Rs. 2,000/- towards costs. 

Notice was ordered to opposite parties.  But the opposite parties failed to file version and contest their case.  Hence set exparte.

Complainant filed affidavit in lieu of chief and marked Exts. P1 and P2. 

Issues:

1. Whether there is any deficiency of service or unfair trade practice on opposite party’s side?
2. Whether the complainant is eligible for any reliefs as sought for?

Issues (i) & (ii):- In the instant case complainant purchased a mobile phone manufactured by 1^st through online shopping site Amazon for Rs. 11,999/- as per Ext. P1.  The complainant approached the 2^nd opposite party service centre on 07.07.2015 as per Ext. P2 and entrusted the mobile with them.  As per Ext. P2 the problem reported is seen as ‘battery no charging’.  The father of the complainant approached the 2^nd opposite party several times, but they did not repair the mobile or replaced the same with a new one as promised by them.  Hence the complainant approached this Forum for redressal of his grievances.  The 2^nd opposite party appeared in person before this Forum once, but neither settled the matter nor filed any version.  They failed to appear on the other sittings and hence set exparte.  The complainant filed exparte affidavit in lieu of chief and documents.  On going through the evidence it is clear that the mobile is with the 2^nd opposite party as per Ext. P2 and is defective.  But the 2^nd opposite party did not file any reply or produce the repaired phone before this Forum.  It is seen from the documents that the mobile is with the 2^nd opposite party from 07.07.2015 and no document produced from the 2^nd opposite party side to show that they repaired the mobile.  Now the mobile is with the 2^nd opposite party for a period more than one year and complainant cannot use it for the last one year.  So there is gross deficiency of service on the 2^nd opposite party’s side and there is no option other than giving direction to give the purchase amount of mobile as per Ext. P1 i.e; Rs. 11,999/- by the 2^nd opposite party along with cost of Rs. 2,000/-.

In the result, complaint is allowed directing the 2^nd opposite party to give Rs. 11,999/- to the complainant along with costs of Rs. 2,000/- within one month from the date of receipt of this order, failing which the amount of Rs. 11,999/- shall carry interest @ 12% from the date of default till 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 16^th day of August 2016.

     Sd/-

R. SATHI                               : MEMBER

      Sd/-

P. SUDHIR                            : PRESIDENT

jb

C.C. No. 525/2015

APPENDIX

  I      COMPLAINANT’S WITNESS:

                             NIL

 II      COMPLAINANT’S DOCUMENTS:

P1     - Copy of invoice

P2     - Copy of job sheet dated 07.07.2015

III      OPPOSITE PARTY’S WITNESS:

                             NIL

 IV     OPPOSITE PARTY’S DOCUMENTS:

                             NIL

                                                                                                      Sd/-

PRESIDENT

jb