BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.

Date of filing : 05/07/2012

Date of Order : 28/09/2012

Present :-

Shri. A. Rajesh, President.

Shri. Paul Gomez, Member.

Smt. C.K. Lekhamma, Member.

C.C. No. 407/2012

Between

And

O R D E R

A. Rajesh, President.

1. The undisputed facts of the complainant's case are as follows :-

The complainant purchased a Nokia C3-01 hand set from M/s. Ghazzaz, Kothamangalam the dealer of the 1^st opposite party for Rs. 8,100/-. One year warranty was provided for the set. But then after one month, the set became defective. Touching facility defect, loss of messaging facility and failure to save contact numbers were the main complaints. The component was entrusted with the 2^nd opposite party for repairs. Even after the attempt to rectify, the same defects persisted. The recurring defect is due to the manufacturing defect of the set supplied to the complainant. Due to the defect of the hand set, the complainant has been deprived the telephone facility for several months. The complainant is entitled for the refund of the price of the hand set Rs. 8,100/- along with interest at the rate of 12% from the date of purchase till realisation. He is also entitled for Rs. 2,000/- towards compensation for the loss of telephone facility and the costs of the proceedings. This complaint hence.

2. Despite service of notice from this Forum, the opposite parties did not respond to the same for their own reasons, which needless to say they are in agreement or not in controversy. Proof affidavit has been filed by the complainant and Exts. A1 and A2 were marked. Heard the counsel for the complainant.

3. The points that came up for consideration are as follows :-

1. Whether the complainant is entitled to get refund of the price of the gadget with interest?

2. Whether the complainant is entitled to get a compensation of Rs. 2,000/- and costs of the proceedings?

4. Point No. i. :- Ext. A1 retail invoice goes to show that the complainant purchased a mobile hand set on 13-02-2012 at a price of Rs. 8,100/- which was manufactured by the 1^st opposite party. According to the complainant, in spite of repeated attempts of the 2^nd opposite party to rectify the defects, they could not succeed. Nothing is on record to controvert the same, especially due to the absence of the opposite parties, they without demur accept the same. In the above circumstances, we have no hesitation to hold that the mobile hand set of the complainant suffers from inherent manufacturing defect. The conclusion being in favour of the complainant for such reasons it is worth note why such unnecessary litigation should be brought up putting into trouble those who are apprehended and later on for such reasons pacified.

5. Point No. ii. :- This Forum decisive in that case at hand calls for compensation and costs of the proceedings. We awarded at Rs. 1,000/-.

6. In the result, we allow the complaint in part and direct as follows :-

1. The opposite parties shall jointly and severally refund Rs. 8,100/- being the price of the gadget with 12% p.a. from the date of purchase till realisation. The complainant shall return the defective gadget to the opposite parties simultaneously.

2. The opposite parties shall jointly and severally pay a sum of Rs. 1,000/- to the complainant towards compensation and costs of the proceedings.

The order shall be complied with, within a period of one month from the date of receipt of a copy of this order.

Pronounced in the open Forum on this the 28^th day of September 2012.

Forwarded/By Order, Sd/- A. Rajesh, President.

Sd/- Paul Gomez, Member.

Sd/- C.K. Lekhamma, Member.

Senior Superintendent.

A P P E N D I X

Complainant's Exhibits :-

Opposite party's Exhibits :: Nil

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