BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.

Date of filing : 25/04/2011

Date of Order : 11/07/2012

Present :-

Shri. A. Rajesh, President.

Shri. Paul Gomez, Member.

Smt. C.K. Lekhamma, Member.

C.C. No. 211/2011

Between

And

O R D E R

A. Rajesh, President.

1. The undisputed facts of the complainant’s case are as follows :

The complainant purchased a mobile hand set from the 3^rd opposite party on 02-12-2010 at a price of Rs. 3,000/-. The 1^st opposite party is the manufacturer of the set. One year warranty has been provided by them. On 08-02-2011, the complainant entrusted the set with the 2^nd opposite party, since the same became defunct. The 2^nd opposite party failed to repair the same in spite of it that they are still in possession of the same. The defect was caused due to its manufacturing defect. The complainant had to purchase a new hand set by the time. The complainant is entitled to get refund of the price of the hand set with interest at the rate of 12% p.a. together with costs of the proceedings. This complaint hence.

2. The opposite parties duly accepted notice of this complaint from this Forum, but they refrained to appear reasons by their own. No oral evidence was adduced by the complainant. Ext. A1 series was marked on his side. Heard the counsel for the complainant.

3. The only point that arises for consideration is whether the complainant is entitled to get refund of the mobile hand set with interest together with costs of the proceedings?

4. On 02-12-2010, the complainant purchased a mobile handset from the 3^rd opposite party, which was manufactured by the 1^st opposite party at a price of Rs. 3,000/- evidenced by Ext. A1 series invoice. On 08-02-2011, the complainant entrusted the mobile handset with the 2^nd opposite party, since the same was not working. According to the complainant, the opposite parties failed to return the handset after it repairs till date for reasons best known to them and neither explained for. It is pertinent to note that the opposite parties failed to respond to the notice received by them from this Forum which speaks volumes. Therefore, there is no reason whatsoever on record to disbelieve the case of the complainant. In the above circumstances, the complainant is entitled to get refund of the price of the handset from the 1^st and 3^rd opposite parties. Our decision is based on the dictum laid down by the Hon’ble National Consumer Disputes Redressal Commission in Sony Ericsson India Ltd. Vs. Ashish Aggarwal (IV (2007) CPJ 294 (NC), in which it was held that a frustrated consumer is entitled to get refund of the price of the gadget. The opposite parties are fortunate that the complainant has not raised a plea for compensation, probably due to his claim primarily to the prime objections alone being genuine. The award of which would necessarily abate his agony. But this would preclude the opposite parties for compensating the agony of the complainant. This Forum fixes it at Rs. 1,000/- towards costs of the proceedings.

5. In the result, we allow the complaint and direct as follows :

1. The 1^st and 3^rd opposite parties shall jointly and severally refund the price of the gadget with interest at the rate of 12% p.a. from the date of purchase till realisation, retaining the disputed gadget which are already in their possession.

2. The 1^st and 3^rd opposite parties shall pay Rs. 1,000/- towards costs of the proceedings to the complainant.

The order shall be complied with, within a period of one month from the date of receipt of a copy of this order.

Pronounced in open Forum on this the 11^th day of July 2012.

Forwarded/By Order, Sd/- A. Rajesh, President.

Sd/- Paul Gomez, Member.

Sd/- C.K. Lekhamma, Member.

Senior Superintendent.

A P P E N D I X

Complainant’s Exhibits :-

Opposite party’s Exhibits :: Nil

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