IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Tuesday the 30th day of May, 2018
Filed on 14.02.2018
Present
1. Sri.E.M. Muhammed Ibrahim , BA,LLM (President)
2. Sri. Antony Xavier (Member)
3. Smt. Jasmine D (Member)
in
CC/No.44/2018
Between
Complainant:- Opposite parties:-
Haridas N.R 1. M/s ADR Technologies
Elluveliyil House, (sw p 218),
Vayalar P.O, Cherthala 40/8092, 1st Floor
Alappuzha. DD Junction Building,
Opp.Alappatt Arcade
MG Road Ernakulam
Pin- 622035
2. Swipe India Pvt Ltd.
F4 A/B/C Metropole building
Near Inox Theatre Band Garden
Road, Pune- 411001
SMT. JASMINE D. (MEMBER)
The above case is based on a consumer complaint filed by Haridas N.R against two opposite parties seeking refund of the price of the Mobile Phone together with compensation and cost.
2. The case of the complainant in short is as follows:-
The complainant has purchased a mobile phone manufactured by 2nd opposite party on 25-10-2016. The product has 1 year warranty. During the warranty period the product became defective and the phone was entrusted to the 1st opposite party who is the authorised service centre of opposite party and the 1st opposite party assured to repair and return the phone within one month. But the 1st opposite party failed to repair and return the phone as assured. The complainant sustained much mental agony and hence filed this complaint seeking refund of the price of the product together with compensation and cost.
3. Notice was served to the opposite parties. But they did not appear before the Forum. Hence opposite party 1 and 2 were set exparte.
4. Complainant filed proof affidavit and documents Ext. A1 and A2 were marked.
5. Considering the allegation of the complainant the Forum has raised the following issues.
(1) Whether there is any deficiency in service on the part of the opposite parties?
(2) Whether the complainant is entitled to get relief as prayed for.
6. Issues 1 and 2:-
According to the complainant he had purchased a mobile phone from the 2nd opposite party on 25-10-2016. The product has 1 year warranty. During the warranty period the product became defective and the phone has been entrusted to the 1st opposite party. The 1st opposite party agreed to repair the product and return within 1 month. But the product has not been repaired and returned so far. Hence filed this complaint seeking refund of the price of the mobile phone together with compensation and cost.
7. Complainant filed proof affidavit and documents Ext.A1 and A2 were marked. Ext.A1 is the bill dated 25-10-2016 and Ext.A2 is the job sheet. In view of the documents it can be seen that the complainant had purchased the mobile phone on 25-10-2016 and the product became defective during the warranty period and entrusted to the 1st opposite party. According to the complainant he had approached the 1st opposite party several times for getting the phone repaired. But without any substantive results. The documents produced by the complainant would show that product became defective during the warranty period. Though notice was served to the opposite parties they did not turn up. Since the opposite parties failed to rectify the defect there is deficiency in service and the complainant is entitled to get the relief and the opposite parties are jointly and severally liable for the same. The points answered accordingly.
In the result complaint stands allowed and the opposite parties are directed to refund the price of the mobile phone Rs.5699/- (Rupees five thousand six hundred and ninety nine only) to the complainant. The opposite parties are further directed to pay an amount of Rs.1000/- (Rupees one thousand only) towards compensation and Rs.1000/- (Rupees one thousand only) towards cost.
Dictated to the Confidential Assistant, transcribed by her corrected by me and pronounced in open Forum on this the 30th day of May, 2018.
Sd/-Smt. Jasmine.D. (Member) :
Sd/-Sri.E.M.Muhammed Ibrahim (President)
Sd/-Sri. Antony Xavier (Member) :
Appendix:-
Evidence of the complainant:-
Ext.A1 - Bill dated, 25-10-2016
Ext.A2 - Job sheet
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- Sa/-
Compared by:-
