Tamil Nadu

South Chennai

CC/443/2018

K Anandkumar - Complainant(s)

Versus

M/s Kwality Agencies - Opp.Party(s)

C Lawanyavathy

19 Sep 2019

ORDER

                                                              Complaint presented on : 20.11.2018

                                                              Date of Disposal            : 19.09.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.443/2018

DATED THIS THURSDAY THE 19^TH DAY OF SEPTEMBER 2019

                                 

K. Anand Kumar,

S/o. Mr. Kamalakannan,

No.11, SPS, A Block,

First Street,

Royapettah,

Chennai – 600 014.                                                         .. Complainant.

                                                                                                 ..Versus..

 

1. Kwality Agencies,

Rep. by its Regional Manager,

No.177 A, North Usman Road,

T. Nagar,

Chennai – 600 017.     

 

2. Smart Care,

Rep. by its Regional Manager,

G.1, Appollo Dubai Plaz,

No.100, Mahalingapuram Main Road,

Nungambakkam,

Chennai – 600 034.

 

3. Sony India Private Limited,

Rep. by its Regional Customer Officer,

Centennial Square, 6^th Floor,

6-A, Dr. Ambedkar Road,

Kodambakkam,

Chennai – 600 024

 

4. Sony India Private Limited,

Registered Office at:

Plot No.A-31, Mohan Co-operative Industrial Estate,

Mathura Road,

Near Sarita Vihar Metro Station,

New Delhi,

Delhi – 110 044,

India.                                                                        ..  Opposite parties.

          

Counsel for the complainant  :  M/s. C.K. Lavanyavathi & others

Opposite parties 1 to 4           :  Exparte

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties 1 to 4 under section 12 of the Consumer Protection Act, 1986 prays to return of amount of Rs.19,200/- paid towards the handset along with interest at the rate of 12% p.a. and to pay a sum of Rs.1,00,000/- towards compensation for humiliation, stress, strain and mental agony suffered by the complainant with cost of Rs.25,000/-.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that he purchased a Sony Expira XA/Blk mobile phone on 21.02.2017 from the 1^st opposite party for a sum of Rs.15,200/- vide Receipt No.3144.   The complainant submits that the said mobile phone started giving trouble within three months.  The complainant submits that he approached the 2^nd opposite party for proper service on 04.04.2017 with job No.W117040101534.  Even after the service done, the same problem was still persisting.  Hence once again, he approached the 2^nd opposite party to set right the problem on 19.04.2017 with Job No.W117041901519.  The complainant submits that he approached the opposite parties within three months for service and the complainant upgraded his phone by paying a sum of Rs.4,000/-.   Thereafter also, the mobile phone had lot of problems and it is not functioning.   Hence once again, the complainant approached the opposite parties for proper service.  Evenafter repeated complaints through e-mail, the opposite parties has not come forward to repair the mobile phone or substitute the phone with a new one.  Hence, the complainant issued legal notice dated:24.07.2018 in detail claiming  refund of the price of the mobile phone for which, the 3^rd opposite party sent reply dated:29.08.2018 with untenable contentions that the mobile phone was repaired.  The act of the opposite parties 1 to 4 amount to deficiency in service and unfair trade practice which caused great mental agony.   Hence, the complaint is filed.

2.     Inspite of receipt of notice, the opposite parties 1 & 2 has not appeared before this Forum and hence, the opposite parties 1 & 2 were set ex-parte. Mrs. Malini George, Advocate filed Vakalath for the opposite parties 3 & 4 but subsequently failed to file written version within the stipulated time and hence, the opposite parties 3 & 4 were set ex-parte.

3.     Though the opposite parties 1 to 4 remained Ex-parte, this Forum is to dispose this compliant fully on merits with available materials before this Forum. 

4.     In such circumstances, in order to prove the allegations made in the complaint the proof affidavit is filed by the complainant as his evidence, and also documents Ex.A1 to Ex.A15 are marked.

5.      The points for consideration is:-

1. Whether the complainant is entitled to get return of a sum of Rs.19,200/- paid towards the handset with interest at the rate of 12% p.a. as prayed for?
2. Whether the complainant is entitled to a sum of Rs.1,00,000/- towards compensation for humiliation, stress, strain and mental agony with cost of Rs.25,000/- as prayed for?

6.      On point:-

The opposite parties 1 & 2 after due service of notice, not appeared in this Forum and remained ex-parte. The opposite parties 3 & 4 appeared through Advocate M/s. Malini George and has not come forward to file any written version and set ex-parte.  The complainant filed proof affidavit, documents and written argument. Perused the records namely; the complaint, proof affidavit and documents.  The complainant pleaded and contended that he purchased a Sony Expira XA/Blk mobile phone on 21.02.2017 from the 1^st opposite party for a sum of Rs.15,200/- vide receipt No.3144 as per Ex.A1, copy of receipt.  Further, the contention of the complainant is that the said mobile phone started giving trouble within three months.  Hence, the complainant approached the 2^nd opposite party for due service.  Ex.A2 is the copy of Job card.  Ex.A3 is the copy of e-mail from the complainant to the 2^nd opposite party. Further the contention of the complainant is that he approached the opposite parties within three months for service and the complainant upgraded his phone by paying a sum of Rs.4,000/-.  Ex.A5 & Ex.A6, copy of Demand Draft for Rs.4,000/- and receipt for the same.   Thereafter also, the mobile phone had lot of problems and it is not functioning.  Hence once again, the complainant approached the opposite parties for proper service.  Ex.A7 is the copy of Job Sheet.  Evenafter repeated complaints through e-mail, the opposite parties has not come forward to repair the mobile phone or substitute the phone with a new one.  Ex.A8 to Ex.A13 are the copies of email communications between the complainant and the opposite parties proves deficiency in service.  Hence, the complainant issued legal notice dated:24.07.2018 as per Ex.A14 in detail claiming  refund of the price of the mobile phone for which, the 3^rd opposite party sent reply dated:29.08.2018 as per Ex.A15 with untenable contentions that the mobile phone was repaired.  But it is apparently clear that the mobile phone was not functioning properly from the very inception immediately after 3 months which is proved through Ex.A2 & Ex.A7 and was not denied by the opposite parties.  Mere service repair shall not yield any proof.  Muchless cannot rectify the manufacturing defect.   Considering the facts and circumstances of the case, this Forum is of the considered view that the opposite parties 1 to 4 are jointly and severally shall pay a sum of Rs.19,200/- with a compensation of Rs.15,000/- for mental agony and cost of Rs.10,000/- to the complainant.

In the result, this complaint is allowed in part. The opposite parties 1 to 4 are jointly and severally liable to refund a sum of Rs.19,200/- (Rupees Nineteen thousand two hundred only) being the cost price of Sony Xperia XA/Blk mobile phone and the amount spent for upgrading the mobile phone and to pay a sum of Rs.15,000/- (Rupees Fifteen thousand only) towards compensation for mental agony with cost of Rs.10,000/- (Rupees Ten thousand only) to the complainant.  

The aboveamounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 19^th day of September 2019. 

 

MEMBER                                                                                PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	21.01.2017	Copy of receipt issued by the 1st opposite party to the complainant
Ex.A2	19.04.2017	Copy of Job sheet – 2nd opposite party to the complainant
Ex.A3	23.04.2017	Copy of email from the complainant to 2nd opposite party
Ex.A4	26.04.2017	Copy of reply from the 2nd opposite party to complainant
Ex.A5	15.06.2017	Copy of Demand Draft by the complainant to 3rd opposite party
Ex.A6	10.07.2017	Copy of receipt from the 3rd opposite party to complainant
Ex.A7	11.05.2018	Copy of Job sheet by the 2nd opposite party
Ex.A8	28.06.2018	Copy of email from the complainant to 3rd opposite party
Ex.A9	28.06.2018	Copy of email from the 3rd opposite party to complainant
Ex.A10	28.06.2018	Copy of email from the 3rd opposite party to complainant
Ex.A11	09.07.2018	Copy of email from the complainant to opposite parties 2 & 3
Ex.A12	09.07.2018	Copy of email from the 2nd opposite party to complainant
Ex.A13	12.07.2018 & 16.05.2018	Copy of email from the complainant to 3rd opposite party
Ex.A14	24.07.2018	Copy of legal notice from the complainant’s Counsel to the opposite parties with acknowledgement due
Ex.A15	29.08.2018	Copy of reply by the 3rd opposite party

 

 

 

MEMBER                                                                                                                                                                                          PRESIDENT