Kerala

Idukki

CC/121/2019

Prince c - Complainant(s)

Versus

Mobile Palace - Opp.Party(s)

30 Jun 2020

ORDER

DATE OF FILING :21/06/2019

IN THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 30^th day of June 2020

Present :

SMT.ASAMOL P. PRESIDENT IN CHARGE

SRI.AMPADY K.S. MEMBER

CC NO. 121/2019

Between

Complainant : Prince C.,

Munjanattu House,

Cheenikkuzhi P.O.,

Udumbannoor, Thodupuzha.

(By Adv: K.M.Sanu)

And

Opposite Party :1 . The Proprietor,

Mobile Palace,

Pala Road, Thodupuzha,

Thodupuzha P.O.

2 . The Manager,

National Electronics,

Thodupuzha P.O., Thodupuzha.

3 . The Managing Director,

SAMSUNG INDIA ELECTRONICS Pvt. Ltd.,

Kadavanthra P.O., Ernakulam 682 020.

(By Adv:Lissy M.M.)

 

O R D E R

 

SMT. ASAMOL P. (PRESIDENT -IN -CHARGE)

 

The case of the complainant is that,

 

The complainant has purchased SAM A50-6/64 057192102228529 mobile phone from the first opposite party on 25/05/2019. The second opposite party is authorised service centre and the third opposite party is manufacturer of the product. The complainant has paid Rs.22,990/- as price of the phone to the first opposite party. At the time of purchasing, the first opposite party had promised that there is high quality, high after-sales servicing and one year warranty to the

(Cont......2)

-2-

mobile phone. But, after two weeks from the date of purchasing ie, on 09/06/2019, the display of the phone was not visible and it is seen that 'off mode'. The complainant informed about these defects to the first opposite party through phone call. Thereafter, the complainant returned the mobile to the first opposite party. Then the first opposite party intimated to the second opposite party and the second opposite party inspected this mobile phone and said that the screen of this phone is in defect and we shall inform to the company and thereafter, when the company will bring the new part instead of defective part of this phone, we shall rectify the defect but it needs a week time.

 

The complainant is not ready to receive the rectified phone, because he is not satisfied the use of the rectified phone again. He believed that the phone is having good quality but the newly purchased branded phone is defective after two weeks from the date of purchasing. He needs satisfaction to use the mobile phone as a new branded one. The sale of unquality product by the opposite parties is unfair trade practice on the part of them, So, the complainant is entitled to getting refund the price of the product or new mobile phone from the opposite parties and also compensation and cost. Hence this complaint filed.

 

Notice served from the Forum. Opposite parties appeared before this Forum.

 

The third opposite party has filed detailed written version. From the contentions, it is submitted that the third opposite party is a well reputed company and is having a very large customer base and this complaint is wholly misconceived, groundless and unsustainable in law so it is liable to be dismissed. The alleged display issue was due to the negligent handling of the set by the complainant. But opposite parties through its service centre was ready to offer free of charge repair. But the complainant did not give consent for carrying out the repair so the service centre could not carry out the repair. The complainant demanded refund of the product price or a new mobile phone. That giving refund or giving a new phone when there are no manufacturing defects or any fault by the manufacturer was never mentioned in the warranty terms and conditions. There were no manufacturing defects or any defects in the mobile set at the time of sale and that no such defects arose due to the manufacturing

(Cont......3)

 

-3-

 

defects. Thus, the present allegations of unfair trade practices and deficiency in service as alleged by the complainant in his complaint is a complete abuse of process of law for illegal gains and to harass the opposite parties. However, we are willing to carry out the necessary repairs and replacement of the parts strictly as per the terms and conditions of the warranty manual. Hence this complaint may be dismissed.

 

Evidence adduced by the complainant and has produced 2 documents. P1 is purchase bill dated 25/05/2019, P2 is Acknowledgement of service request which were marked as Ext.P1 and Ext.P2 respectively. No oral evidence adduced by the complainant.

 

The third opposite party has produced one document. R1 is warranty conditions which was marked as Ext.R1.

 

The Point:- We have heard the learned counsels for both parties. We are of the considered view that the complainant has purchased mobile phone from opposite parties on 25/05/2019 and it is proved by Ext.P1 document. We are also regarded that Ext.P2 document. It is seen in the Ext.P2 request date is 15/06/2019. As per this document, it is proved that the phone was in defective after two weeks from the date of purchasing. It is noticed that 'Device not turning on' in the defect description of this document. Therefore we are regarding that there is a manufacturing defect in this mobile set Ext.R1 warranty conditions cannot consider because the defect is happened within a week from the date of purchasing. Therefore manufacturer is liable to either refund the price or replace the product.

 

Hence the complaint is allowed. The third opposite party is directed to refund the price of the phone Rs.22,990/- to the complainant and also directed to pay Rs.3000/- as cost of the case. The third opposite party is directed to pay all the amount within 30 days from the date of receipt of copy of this order, failing

 

 

(Cont......4)

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which the amount shall carry 12% interest per annum from the date of default, till its realisation.

 

Pronounced in the Open Forum on this the 30^th day of June, 2020.

 

Sd/-

SMT. ASAMOL P., PRESIDENT -IN -CHARGE

Sd/-

SRI.AMPADY K.S., MEMBER

 

 

APPENDIX

 

Depositions :

On the side of the Complainant :

Nil

On the side of the Opposite Party :

Nil

Exhibits :

On the side of the Complainant :

Ext.P1 - The purchase bill dated 25/05/2019

Ext.P2 - Acknowledgement of service request

On the side of the Opposite Party :

Ext.R1 - Warranty conditions

 

Forwarded by Order,

 

 

SENIOR SUPERINTENDENT