By. Sri. Jose. V. Thannikode, President:
The complaint is filed under section 12 of the Consumer Protection Act against the opposite parties to replace the mobile set, cost and compensation due to the supply of defective mobile set.
2. Brief of the complaint:- The complainant purchased a mobile set from opposite prty No.2 on 26.04.2016 for Rs.6,700/-. As per the direction of opposite party No.2 the mobile full charged and at that time the cover of the set broken due to heavy heat. The next day itself the complainant entrusted the set to the opposite party No.2 and opposite party No.2 stated that there will be over heat and return back the mobile set. Thereafter two days, the charge of the battery is falling down, when it was reported to the opposite party No.2. Opposite party No.2 advised the complainant to entrust the set to the opposite party No.3. So the complainant entrusted the set to the opposite party No.3 on 28.06.2016 and opposite party No.3 assured that it will be cured within 10 days. After 10 days again the complainant approached the opposite party No.3 for the set but the opposite party No.3 stated same lame excuses and at last they sought time for one month. Thereafter also opposite party No.3 has not return back the set. Hence the complainant prayed before the Forum to direct the opposite parties to replace the set or to refund the value of the set with cost and compensation.
3. Notices were served to opposite parties and opposite party No.1 declared ex-parte on 24.10.2016 and opposite party No.2 and 3 declared ex-parte on 22.09.2016 and proceeded with the case.
4. Complainant filed proof affidavit and stated as stated in the complaint and he is examined as PW1 and Ext.A1 and A2 documents were marked. All evidence closed.
5. On considering the complaint, 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:- Since all the opposite parties are ex-parte we perused the documents and evidences. Ext.A1 shows that the mobile set was purchased from opposite party No.2 on 26.04.2016 for Rs.6,700/-, so the purchase is proved. Ext.A2 is the Job Card issued by the opposite party No.3 which is the Job sheet issued by the opposite party No.3, which shows that they have received the set Intex Aqua Star II 16 GB, IMEI No.911430507941298, 911430507941307. Problem Reported :- 1. Low Battery back up (Battery). 2. Software issue. Reported date:- 28.06.2016. Status:- Awaiting parts. Since the opposite parties not denied the allegations and on perusal of the records and evidences we opined that non return of the mobile set to the complainant after curing the defect is a clear case of deficiency of service and unfair trade practice from the side of opposite parties. 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 replace the mobile set with new one or to return back the value of the mobile set and to pay cost and compensation. Hence the Point No.2 is decided accordingly.
In the result, the complaint is partly allowed and the opposite parties are jointly and severally directed to replace the mobile set with new one or to return back the value of the set ie Rs.6,700/- (Rupees Six Thousand and Seven Hundred) and also directed to pay Rs.1,000/- (Rupees One Thousand) as compensation and Rs.1,000/- (Rupees One Thousand) as cost of the proceedings to the complainant within one month from the date of receipt of this Order. Failing which the complainant is entitled for an interest at the rate of 12% per annum for whole the amount.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 15th day of November 2016.
Date of Filing: 15.07.2016.
PRESIDENT :Sd/-
MEMBER :Sd/- MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. John. M.C. (Affidavit) Complainant.
Witness for the Opposite Parties:-
Nil.
Exhibits for the complainant:
A1. Cash Bill. Dt:26.04.2016.
A2. Job Card. Dt:13.07.2016.
Exhibits for the opposite parties:-
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
