Andhra Pradesh

Visakhapatnam-II

CC/22/2013

KALLA VENKATA PRASAD - Complainant(s)

Versus

M/S CELKON IMPEX LIMITED - Opp.Party(s)

K. GOVIND

30 May 2015

ORDER

 Reg. of the Complaint:08-02-2013

                                                                                                                                      Date of Order:30-05-2015

BEFORE THE DISTRICT CONSUMERS FORUM-II

AT VISAKHAPATNAM

                   Present:

1.Sri H.ANANDHA RAO, M.A., L.L.B.,

       President

2.Sri C.V.RAO, M.A., B.L.,

                                             Male Member

3.Smt.K.SAROJA, M.A., B.L.,

       Lady Member

                                            

 

SATURDAY, THE 30^TH DAY OF MAY, 2015

CONSUMER CASE NO.22/2013

 

BETWEEN:

Sri Kalla Venkata Prasad S/o late Kalla Viswanadham,

Hindu, aged 45 years, r/at D.No.43-7-4/1,

Beside Srilaxmi Ganesh Temple, Railway New Colony,

Visakhapatnam.

…Complainant

AND:

1.M/s Celkon Impex Limited, rep. by its Managing Director,

Ground floor, A-Block, H.No.1-98-7/28, Plot No.8,

Ushosso Sirimalli Enclave, Vittalonagar, Madhapur,

Hyderabad-500 081.

2.Arun Cell Care, rep. by its Proprietor,

D.No.46-15-48, 1^st floor, Shop No.2, Sree Suryalaxmi

Complex, Dondaparthy, Visakhapatnam-16.

…Opposite Parties

This case coming on 27-05-2015 for final hearing before us in the presence of      SRI G.Gopala Rao & K.Govindu, Advocates for the Complainant, and of 2^nd Opposite Party being remained exparte, and having stood over till this date for consideration, this Forum made the following.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         

ORDER

 (As per SRI C.V.RAO, the Honourable Member on behalf of the Bench)                                                                              

1. The Complainant asked the Forum to direct the OPs, jointly and severally

1. For return of an amount of Rs.5,000/- together with interest @ 24 p.a., from 16-01-2012 till the date of realization or
2. Give new another model mobile for the same price for the same configuration;
3. For compensation of Rs.50,000/- towards mental agony and sufferance;
4. For compensation of Rs.45,000/- towards charges;
5. Pass such other relief or reliefs as the Honourable Forum may deem fit and proper in the circumstances of the case.

2. The claim against the 1^st Opposite Party was dismissed as the complainant failed to take steps against the 1^st OP.

The 2^nd Opposite Party did not resist the claim of the complainant as it was set exparte and remained exparte.

3. The case of the complainant, as can be seen from the complaint, is that the complainant purchased a Mobile Phone from M/s BIG-C Mobiles Private Limited, Dwarakanagar, Visakhapatnam for a sum of Rs.4,599/-  i.e., Celkon Mobile Model No.A1, IMEI/MEID Number 911139500032218, along with charger and that the said shop also passed cash receipt Invoice No.SI/DIM/6493, dated 16-01-2012 in favour of the complainant and also issued warranty card for a period of one year and that subsequently the said mobile set giving trouble to the complainant and failed to functioning i.e., Touch Pad not working and touch also not working and immediately the complainant approached the 2^nd OP and requested the 2^nd OP to rectify the defects for which the 2^nd OP  received the said mobile phone no.9866046320  and also acknowledged the receipt and of said phone vide acknowledgement dated 14-01-2012 and the 2^nd OP asked the complainant the said mobile not proper working in future and that the OP failed to attend on the said cell phone and failed to rectify the defects from time to time and thus put the complainant suffer both mentally and physically besides financially also and the complainant stated that the OP made the complainant run all these days from time to time from pillar to post and thus committed gross deficiency of service towards the complainant for which the OPs are liable to pay damages, apart from replacing the New Cell Phone or to refund the costs of the same to the complainant and all these acts are putting the complainant to immense mental agony and as such the complaint is entitled for compensation and that the complainant vexed with the attitude of the Ops, the complainant got issued a registered lawyer’s notice to the OPs 1 &2  on 21-08-2012 and the 1^st OP acknowledged the said notice on 23-08-2012 and the 2^nd OP duly acknowledged the said notice on 23-08-2012 and after receiving the said notice,  the OPs did not give new mobile cost nor gave any reply to the complainant till date and the complainant is a Consumer and the act of the Opposite Parties are with deficiency and Hence, this complaint.
4. The complainant filed an affidavit to support his claim. Exhibit A1 to A6 are marked for the complainant. The matter has been heard on behalf of the Complainant.
5. After careful perusal of the case record, the forum finds that on 16-01-2012,  the complainant purchased the mobile in question from one M/s BIG C  Mobiles Private Limited, # 47-10-32, Guttikonda Mansions, Near Diamond Park, 2^nd lane, Dwarakanagar, Visakhapatnam-16 as per Exhibit A1 Cash Bill. But very peculiarly, the complainant did not add the said M/s BIG C Mobiles Pvt. Ltd., as a party in this complaint. As such, the complaint is defective for non-joinder of a necessary party. In these circumstances, this complaint can not be looked into and it is liable to be dismissed in limini.
6. In the result, this Complaint is dismissed. No costs.

Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open Forum, on this the 30^th day of May, 2015.

Sd/-                                   Sd/-                                                Sd/-

LADY MEMBER                                 PRESIDENT                                                  M.MEMBER

APPENDIX OF EVIDENCE

Exhibits Marked for the Complainants:

Exhibits	Date	Description	Remarks
A-1	16-01-2012	Cash Bill No.SI/DIM/6493 issued by the BIG-C	Original
A-2		Guaranty Card issued by the BIG-C	Original
A-3	21-08-2012	Registered Lawyer’s Notice	Office Copy
A-4	23-08-2012	Acknowledgement from OP1	Original
A-5	23-08-2012	Acknowledgement from OP2	Original
A-6	14-01-2012	Complaint Receipt	Original

 

Exhibits Marked for the OPs     -nil-

Sd/-                                  Sd/-                                                  Sd/-

LADY MEMBER                                 PRESIDENT                                                  M.MEMBER