BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
VAZHUTHACAUD, THIRUVANANTHAPURAM.
PRESENT
SRI. P. SUDHIR : PRESIDENT
SMT. R. SATHI : MEMBER
SMT. LIJU B. NAIR : MEMBER
C.C. No. 597/2015 Filed on 08.12.2015
ORDER DATED: 28.04.2016
Complainant:
Shyam Raj. E, Nadakkottil House, Edavannappara, Cheruvayoor P.O, Malappuram -673 645.
(Party in person)
Opposite party:
The Proprietor, Micromax Care, Connexion, T.C 202442 (9), 3rd Floor, Menathottam Chambers, Near IOC Pump, Pattom, Thiruvananthapuram-4.
This case having been heard on 18.03.2016, the Forum on 28.04.2016 delivered the following:
ORDER
SRI. P. SUDHIR: PRESIDENT
Complainant’s case is that the display of his mobile (Micromax Canvas 4 A210) was broken and he given it for service on 12.09.2015 with the opposite party and paid full amount of Rs. 2,500/- for replacing the display unit. Opposite party agreed to return the same within 10 days. Opposite party not returned the same after repeated demands. Complainant checked directly with Micromax helpline and understood that the service was completed already and the status is ‘closed’. Opposite party has not returned the mobile and complainant approached this Forum to get the handset after completing the service within 10 days or to pay Rs. 12,500/- the value of the mobile plus Rs. 2,500/-, the amount paid for service and Rs. 5,000/- as compensation.
Notice sent to opposite party. Opposite party not turned up and set exparte.
Issues:
- Whether there is unfair trade practice on the part of opposite party?
- Whether the complainant is entitled for the relief sought for?
Issues (i) & (ii):- Complainant filed chief examination affidavit and Exts. P1 to P4 marked. Since there is no word as contradictory we have no other option but to decide the case with the evidence in hand. We are of the opinion that there is unfair trade practice on the part of opposite party and opposite party is directed to return the mobile after completing the service within 10 days to the complainant from the date of receipt of this order failing which complainant is entitled to realize Rs. 15,000/-, the value of the mobile and the amount given as service charge and Rs. 4,000/- as compensation towards mental agony and there is no order for cost.
In the result, complaint is allowed and opposite party is directed to return the mobile handset after completing the service to complainant within 10 days from the date of receipt of this order failing which opposite party is directed to pay the complainant Rs. 15,000/- (Rupees Fifteen thousand only) as value of the mobile handset and amount given for service charge. Opposite party is also directed to pay Rs. 4,000/- (Rupees Four thousand only) as compensation for the mental agony suffered by the complainant within one month from the date of receipt of this order failing which the entire amount carries interest at the rate of 9% till per annum till realization.
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 28th day of April 2016.
Sd/-
P.SUDHIR : PRESIDENT
Sd/-
R. SATHI : MEMBER
Sd/-
LIJU B. NAIR : MEMBER
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C.C. No. 597/2015
APPENDIX
I COMPLAINANT’S WITNESS:
NIL
II COMPLAINANT’S DOCUMENTS:
P1 - Copy of job sheet of opposite party dated 12.09.2015
P2 - Copy of micromax bill dated 12.09.2015.
P3 - Copy of e-mail letter dated 06.11.2015 to the Micromax Customer
Service Head
P4 - Copy of e-mail letter to Shyam Raj dated 12.05.2015.
III OPPOSITE PARTY’S WITNESS:
NIL
IV OPPOSITE PARTY’S DOCUMENTS:
NIL
Sd/-
PRESIDENT
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