IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Tuesday the 19th day of May, 2018
Filed on 21.12.2017
Present
1. Sri.E.M. Muhammed Ibrahim , BA,LLM (President)
2. Sri. Antony Xavier (Member)
3. Smt. Jasmine D (Member)
in
CC/No.344/2017
Between
Complainant:- Opposite parties:-
Akhil. S 1. M/s Classic Fone Safe
Arayan Parambil House, & Bajaj Finance,
Alissery Ward, Alappuzha.
Alappuzha.
Mob. 9946107285 2. M/s Radio Centre
Cellular Service,
C.C.N.B Road,
Mullackal,
Alappuzha.
SMT. JASMINE D. (MEMBER)
The above case is based on a consumer complaint filed by Akhil.S 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 had purchased a Mobile phone from the second opposite party on 13-02-2017. At the time of purchasing mobile phone the complainant also availed insurance for the product by paying an amount of Rs.1,499/- for a period of 1 year. During the policy period the product become defective and defect has been intimated to both the opposite parties. But the 1st opposite party has rejected the claim saying that there was a mistake in the membership Performa regarding the IMEI number of the mobile phone. The complainant sustained much mental agony and hence filed this complaint.
3. Notice was served the opposite parties but they did not file version and also remain absent for the subsequent proceedings hence opposite party 1 and 2 were set exparte.
4. Complainant filed proof affidavit and produced two documents which are marked as Ext. A1, A2 and A3 series.
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:-
The case of the complainant is that he has purchased a mobile phone from the second opposite party on 13-02-2017 for an amount of Rs.16,990/-. At the time of purchasing the mobile phone the complainant also availed an insurance for the product from the 1st opposite party for a period of 1 year by paying an amount of Rs.1,499/-. During the policy period the display of the phone has been broken. The defect was intimated to both the opposite parties but the opposite parties failed to provide the assured insurance benefit to the complainant saying that there was a mistake in the IMEI number of the product. Hence this complaint.
7. The complainant filed proof affidavit and produced 3 documents in order to substantiate his allegations. Ext. A1 is the bill, dated 13-02-2017. Ext.A2 is the membership details cum sales performa dated 14-02-2017. Ext.A3 series are the letters. The specific case of the complainant is that the phone purchased by him was insured with the 1st opposite party for a period of 1 year. During the policy period the phone became defective. But they denied the insurance benefit to the complainant saying that there was a mistake in the IMEI Number of the product on the membership performa. According to the complainant all the entries in the member performa was made by the staff of the 1st opposite party and if there is any mistake in the entry regarding the IMEI Number of the product it is only because of their fault. It is true that the IMEI Number mentioned on Ext.A1 and Ext. A2 are different. But all other descriptions of the product is one and the same and the date of Ext.A1& A2 is also on consecutive dates. Even though 1st opposite party appeared before the Forum they did not file any version. The proof affidavit filed by the complainant remains unchallenged. The documents produced by the complainant would show that the case of the complainant is genuine and complainant is entitled for the insurance benefits as assured by the 1st opposite party. According to the complainant the phone is defective and he could not use the same. As per the terms and conditions of the said insurance scheme Ext.A3 (2) it is stated that there will be 10% depreciation on the invoice value if the defect is noticed up to 6 months and 20% depreciation from 6 months to 12 months. In the instant case there is nothing on record to show that when the phone become defective. The case is filed after 6 months from the date of purchase of the product so opposite parties are liable to refund the price of the product after deducting 20% depreciation. Since the opposite parties failed to provide the assured service to the complainant they have committed deficiency in service so the opposite parties are liable to compensate the complainant for the mental agony and inconvenience caused to him.
In the result the complaint is allowed. The opposite parties are directed to pay Rs.13,592 (Rupees thirteen thousand five hundred and ninety two only) being the amount covered by policy (calculated after deducting 20% depreciation) along with interest at the rate of 9% from the date of complaint.
The opposite parties are further directed to pay an amount of Rs.2,000/- (Rupees two thousand only) towards compensation and Rs.1000/- (Rupees one thousand only) towards costs of the proceedings.
The order shall be complied within one month from the date of the receipt of copy of this order, failing which the amount Rs.13,592/- shall carry interest at the rate of 12% per annum from the date of order till realization. The complainant is at liberty to realise the amount from opposite party 1&2 jointly and severally and from their assets.
On compliance of this order the complainant is directed to return the defective mobile phone to the 1st opposite party.
Dictated to the Confidential Assistant, transcribed by her corrected by me and pronounced in open Forum on this the 19th 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, dtd 13-02-2017
Ext.A2 - Membership details cum sales performa
Ext.A3 series - Letters, dtd 14-02-2017
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- Sa/-
Compared by:-
