Date of Filing:17.06.2009<br /> Date of Order:31.07.2009<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 31ST DAY OF JULY 2009<br /> PRESENT<br /> <br /> <br /> <br /> Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> COMPLAINT NO: 1380 OF 2009<br /> <br /> Kiran Kumar H.M,<br /> 4004, 16th Cross, 10th Main,<br /> Kumarswamy Layout, II Stage,<br /> Bangalore-560 078. Complainant<br /> <br /> V/S<br /> Mobile Zone,<br /> JOB ID No.2204, No.22/2,<br /> Thavarekere Main Road,<br /> Chikka Adugodi, Bangalore-29. Opposite Party<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed by the complainant seeking refund of cost of mobile set.<br /> The facts of the case are that, the complainant had given his mobile SAMSUNG E840 for repair as touch screen pad was not working. For about two months since it was given for repair whenever he called for status, he was always told that they are waiting for the mother-board to arrive which is the reason there is delay in repair. Complainant states that on 4th April-2009 he received call from a person whose name is Vinay who informed that mobile was handed over to service center for repair and he has lost his mobile. He agreed for replacement. It has been over three months now since the mobile was given for repair and still no updates on whether he would ever get replacement. Shop keepers do not respond properly. Complainant submitted that he doubts the shop owner must have sold his mobile to someone and giving false reasons. The complainant demand for replacement of mobile in working condition or for giving cost of the mobile along with litigation charges and compensation for mental agony and stress. <br /> <br /> 2. Notice was issued to opposite party through RPAD after admitting the complaint. Notice was served and the case was set for appearance of the opposite party on 20/07/2009. The opposite party did not appear before the Forum and nobody appeared on behalf of the opposite party. Defence version also not sent by post. Therefore, opposite party was placed exparte.<br /> 3. The complainant was appeared in person. Perused the documents. The complainant has produced tax invoice of UniverCell to show that he has purchased SAMSUNG E 840 for total cost of Rs.9,849/- including VAT. The complainant has produced service receipt of opposite party which is dated 19/02/2009. The case put up by the complainant has gone unchallenged. The complainant had given mobile set to the opposite party, but the opposite party did not return the same after service. The complainant has made several enquiries and the visits to the shop of the opposite party but there was no response. The complainant submitted that the service center had lost his mobile. Therefore, the opposite party is not in a position to hand over the mobile. The complainant submitted that he has requested for replacement of mobile and he could not get the replacement in spite of several requests and visits. Therefore, there is definitely a deficiency in service on the part of the opposite party. The opposite party having received the mobile for service was not able to return it after servicing. It appears that the contention of the complainant that mobile had been lost by the service center appears to be true. The complainant has suffered mental stress and ultimately for approaching this Fora for getting justice. Consumer Protection Act is a social and benevolent legislation intended to protect better interest of the consumers. Opposite party being a service provider has failed in its duty in serving the customers in a proper way. Therefore, the opposite party must be held responsible for the loss caused to the complainant. The complainant is entitled for refund of the cost of the mobile with litigation costs. In the result, I proceed to pass the following:-<br /> ORDER<br /> 4. The complaint is allowed. The opposite party is directed to pay Rs.9,849/- to the complainant. The complainant is also entitled for Rs.1,000/- towards litigation charges from the opposite party. <br /> 5. The opposite party is directed to comply the order within 30 days from the date of this order. <br /> 6. The opposite party is directed to send the amount to the complainant directly by way of D.D/Cheque with intimation to this Forum. <br /> 7. Send the copy of this Order to both the parties free of costs immediately as per statutory requirement. <br /> 8. Pronounced in the Open Forum on this 31ST DAY OF JULY-2009. <br /> Order accordingly,<br /> <br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> <br /> MEMBER MEMBER<br /> Rhr., <br /> <br />