By. Sri. Jose. V. Thannikode, President:
The complaint is filed under section 12 of the Consumer Protection Act against the opposite parties to refund the value of the defective mobile and to pay cost and compensation.
2. Brief of the complaint:- The complainant purchased a Samsung E 7 white model mobile phone from the authorized dealer opposite party No.1 on 06.01.2016. The total purchase price of the phone was Rs.23,000/-. The complainant was fascinated by the advertisement of opposite party No.1 that is designed, advanced technology and is economically profitable. The opposite party No.1 published through printed and visual media. Believing the advertisement and influence by the same the complainant purchased the phone on 06.01.2016 from opposite party No.1. The phone developed defects in the functioning and the servicing of the phone was done as stipulated. Defects noted by the authorized service centre viz opposite party No.2. Then the complainant given back the phone to the opposite party No.2 on 05.05.2016 as per the advice of opposite party No.1. The complainant is advised by authorized mechanics that the mechanical defects developed to the phone was due to manufacturing defect and the same could not be rectified by periodical repairs. In the circumstances the complainant informed opposite party No.1 that the phone be taken possession by opposite party No.2 and the opposite party No. 1 and 2 even though was intimated and informed did not pay any attention to the complainant. They failed to redress the grievances of the complainant. The act of the opposite party No.1 and 2 amounts to unfair trade practice and deficiency in service. The opposite party No.1 and 2 are liable to pay compensation to the tune of Rs.10,000/- and Rs.23,000/- being the purchase money. The opposite party No.1 and 2 are also liable to pay an interest at the rate of 15% of the purchase price from the date of purchase. Hence filed this complaint.
3. Opposite Party No.1 filed version denying all the allegation in the complaint and further stated that they have not influenced the complainant to purchase the said phone and not requested to produce before the service centre and the defects in the phone is not intimated to the opposite party No.1 also and also stated that the mobile mentioned in the complaint may be any other mobile and prayed to dismiss the complaint on compensatory cost to the opposite party No.1. Opposite party No.2 not appeared and he is declared ex-parte.
4. Complainant filed proof affidavit and he is examined as PW1 and Ext.A1 and A2 documents were marked. Ext.A1 is the Purchase Bill issued by opposite party No.1 of mobile Samsung E7, IMEI No.359038061291891 dated 06.01.2016 for Rs.23,000/-. Ext.A2 is the Job Card issued by the opposite party No.2 dated 05.05.2016 wherein it is endorsed that the handset and battery bearing IMEI No.359038061291891 is received by opposite party No.2. Opposite Party No.1 not adduced any oral evidence.
5. On considering the complaint, version, documents and evidences, the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service or unfair trade practice from the
part of opposite parties?
2. Relief and Cost.
6. Point No.1 :- The purchase of the mobile set from opposite party No.1 is proved by Ext.A1 and the entrustment of the mobile set to the opposite party No.2 is proved by Ext.A2 and the Ext.A1 and A2 bears the same IMEI No.359038061291891. Hence we opined that the non rectification of the mobile set and non return of the mobile set to the complainant by the opposite party No.2 and not taken any steps to clear the defects by the opposite party No.1 is also deficiency of service and unfair trade practice by the opposite party No.1 and 2. Hence the Point No.1 is found accordingly.
7. Point No.2:- Since the Point No.1 is found against the opposite parties, they are jointly and severally liable to return back the price of the mobile set and also liable to pay cost and compensation. Point No.2 is decided accordingly.
In the result, the complaint is partly allowed and the opposite party No.1 and 2 are jointly and severally directed to repay Rs.23,000/- (Rupees Twenty Three Thousand) which is the value of the mobile set and also directed to pay Rs.3,000/- (Rupees Three Thousand) as compensation and Rs.2,000/- (Rupees Two Thousand) as cost of the proceedings to the complainant and also directed to comply the Order within one month from the date of receipt of this Order. Failing which the complainant is entitled for an interest at the rate of 15% per annum for whole the amount from the date of Order.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 2nd day of December 2016.
Date of Filing: 29.06.2016.
PRESIDENT :Sd/-
MEMBER :Sd/- MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. Rettin. (Affidavit) Complainant.
Witness for the Opposite Parties:-
Nil.
Exhibits for the complainant:
A1. Purchase Bill. Dt:06.01.2016.
A2. Job Card. Dt:05.05.2016.
Exhibits for the opposite parties:-
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
