Complaint filed on: 04.07.2017
Complaint Disposed on:05.12.2017
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT CHICKMAGALUR.
COMPLAINT NO.55/2017
DATED THIS THE 05th DAY OF DECEMBER 2017
:PRESENT:
HON’BLE SRI RAVISHANKAR, B.A.L, LL.B., - PRESIDENT
HON’BLE SMT B.U.GEETHA, M. COM., LL.B., PGDCLP -MEMBER
HON’BLE SMT H. MANJULA, B.A.L., LL.B., - MEMBER
COMPLAINANT:
Sri B.C.Basavarajappa,
S/o Chandevarappa,
Aged about 51 years,
Lecturer, Opp.Mahila
Sahakara Bank,
Basavanahalli Main Road,
Chikmagalur-577101.
(By Sri/Smt. H.C.Nataraj, Advocate)
V/s
OPPONENT:
1. M/s Pai International Electronics
Ltd., Rep. by its Branch Manager/
In-charge,Chikmagalur branch,
MG Road, Chikmagalur-577101.
2. M/s Rising Stars Mobile Private Ltd.,
(Manufacturers of OPPO Mobiles),
No.215, Sector 24, Benjamin Road,
Sricity, Chilamattur Village, Varadaiah
poalem Mandal, Chittoor District,
Andra Pradesh-517541, India.
(OP Nos.1 & 2 -Exparte)
By Hon’ble Member Smt H.Manjula,
:O R D E R:
The complainant filed this complaint U/s 12 of the Consumer Protection Act 1986 against OP 1 & 2 alleging unfair trade practice in selling a defective mobile handset. Hence, prays for direction against Op 1 & 2 to replace the defective mobile handset with a new one or to refund the handset amount of Rs.8,500/- with interest along with compensation of Rs.10,000/- for unfair trade practice.
2. The brief facts of the complaint is that:
The complainant has purchased OPPO A 33F NEO-7 WHITE 4G on 02.12.2016 from Op 1 under invoice no.CHK-7568 for Rs.8,500/- bearing IMEI No.863710031681497. Op 1 is the dealer of Op 2 and Op 2 is the manufacturer of the said handset. But after purchase of the said mobile handset started giving trouble like over heat and hanging problem. The complainant approached Op 1, though they have attended to it on several occasions, but they could not rectify the defects. There afterwards complainant demanded for either to rectify the defect in the mobile handset or to replace the defective mobile handset. But Op 1 neither setright the problem nor to replace the handset.
In this regard the complainant suffered loss of communication and inconvenience. Hence, Op 1 and 2 rendered unfair trade practice in selling defective handset to the complainant. Hence, prays for direction against Op 1 and 2 to replace the defective handset with a new one or to refund an amount of Rs.8,500/- paid towards defective mobile handset with compensation for unfair trade practice as prayed above.
3. After service of notice Op 1 and 2 have not appeared before this forum. Hence, Op 1 and 2 placed exparte.
4. Complainant filed affidavit and marked documents as Ex.P.1 to Ex.P.8 and mobile handset marked as M.O.1.
5. Heard the arguments.
6. In the proceedings, the following points do arise for our consideration and decision:
- Whether there is unfair trade practice on the part of Op 1 & 2 in selling defective mobile handset to the complainant?
- Whether complainant entitled for any relief & what Order?
7. Our findings on the above points are as follows:-
- Point No.1: Affirmative.
- Point No.2: As per Order below.
: R E A S O N S :
POINT NOs. 1 & 2:
8. The complainant filed this complaint alleging unfair trade practice against Op 1 and 2 and filed affidavit with purchase bill, on perusal of the affidavit and bill it is proved that as per Ex.P.1 complainant had purchased OPPO A 33F NEO-7 WHITE 4G handset on 02.12.2016 by paying Rs.8,500/-, after that the complainant handed over the said handset to Op 1 on 07.03.2017, 04.05.2017 and 08.05.2017 for repair of the handset. For which Op 1 issued job cards marked as Ex.P.2, Ex.P.3 and Ex.P.4. The mobile handset marked as M.O.1. After repair of the handset the same problem was continued. Again the complainant approached Op 1 to repair or replace the mobile handset, but Op 1 refused to repair or replace the mobile handset. Hence, the complainant finally issued legal notice dated 08.05.2017 marked as Ex.P.5 and called upon the Ops to replace the handset or refund the amount. Even inspite of receipt of the legal notice Ops neither replaced nor complied the demand made by complainant.
The complainant also produced mobile handset for perusal. On observation of the handset we noticed that the said OPPO handset having manufacturing defect and Op 1 and 2 have not appeared before this forum to answer the allegations made by complainant. Hence, we consider Op 1 and 2 have accepted that the handset sold to the complainant is having manufacturing defect. In order to avoid the replacement of the handset Op 1 and 2 have not appeared before this forum. Therefore, we consider Op 1 and 2 have rendered unfair trade practice in selling defective mobile handset to the complainant. Op 1 and 2 being the dealer and manufacturer are responsible for unfair trade practice. Op 1 being the seller of the mobile handset is liable to replace the said defective mobile handset to the complainant. If Op 1 fails to replace the defective handset, he is liable for refund of the amount paid towards mobile handset. Further Op 1 and 2 are also liable to pay compensation of Rs.2,000/- each and litigation expenses of Rs.1,000/- each to the complainant for unfair trade practice in selling defective handset. As such for the above said reasons, we answer the above point no.1 and 2 in the Affirmative and proceed to pass the following:-
: O R D E R :
- The complaint filed by the complainant is partly allowed.
- OP No.1 is directed to replace the defective mobile handset with a new one having no defects within one month from the date of receipt of this order, failing which Op 1 is directed to refund the consideration amount of Rs.8,500/- value of the handset to the complainant.
- Further Op 1 and 2 are directed to pay compensation of Rs.2,000/- (Two Thousand Rupees) each and litigation expenses of Rs.1,000/- (One Thousand Rupees) each for unfair trade practice to the complainant within the above said period, failing which the payable amount shall carry interest @ 9% P.A. till realization.
- Send free copies of this order to both the parties.
(Dictated to the Stenographer transcribed typed by her, transcript corrected by me and then pronounced in Open Court on this the 5th day of December 2017).
(B.U.GEETHA) (H.MANJULA) (RAVISHANKAR)
Member Member President
ANNEXURES
Documents produced on behalf of the Complainant/S:
Ex.P.1 - Tax Invoice.
Ex.P.2 to 4 - 3 job cards.
Ex.P.5 - Office copy of legal notice.
Ex.P.6 & 7 - 2 Postal Ack. Due.
Ex.P.8 - Unserved RP cover
Ex.P.8(a) - Original legal notice.
Documents produced on behalf of the OP/S:
NIL
Dated:05.12.2017 Member
District Consumer Forum,
Chikmagalur.
RMA
