BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,

ERNAKULAM.

Date of filing : 25/01/2013

Date of Order : 30/04/2013

Present :-

Shri. A. Rajesh, President.

C.C. No. 57/2013

Between

And

O R D E R

A. Rajesh, President.

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

On 11-11-2012, the complainant purchased a mobile handset from the 2^nd opposite party, which was manufactured by the 1^st opposite party at a price of Rs. 16,900/-. After 2 days from the date of purchase, the set became defunct. The complainant entrusted the gadget with the 2^nd opposite party for repairs. The 2^nd opposite party redelivered the same after 2 days stating that the original board was replaced. The complainant had to entrust the handset again on 29-12-2012 with the 2^nd opposite party, since the handset again became out of order. But there was no response. Thus, the complainant is before us seeking direction against the opposite parties to refund the price of the mobile handset together with compensation and costs of the proceedings. This complaint hence.

2. Despite service of notice from this Forum, the opposite parties failed to respond to the same for reasons thereon. No oral evidence was adduced by the complainant. Exts. A1 and A2 were marked on his side. Heard the complainant who appeared in person.

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 from the opposite parties?

2. Whether the complainant is entitled to get compensation and costs of the proceedings from the opposite parties?

4. Point No. i. :- On 11-11-2012, the complainant purchased a mobile phone from the 2^nd opposite party which was manufactured by the 1^st opposite party at a price of Rs. 16,900/- evidenced by Ext. A1 retail invoice. Ext. A2 is the receipt issued by the authorized service centre of the 1^st opposite party dated 29-12-2012. In Ext. A2, it is stated that they have accepted the mobile handset in dead condition.

5. According to the complainant, time and again, he had to approach the service centre of the 1^st opposite party to get the defects of the handset rectified. It is stated that the opposite parties failed rectify the defects, since the same suffers from manufacturing defect. It is to be noted that nothing is forthcoming on the part of the opposite parties to

controvert the contentions of the complainant. The complainant is entitled either to get the defective handset replaced or to get refund of the price or to get the defects rectified. The opposite parties failed to explain the reasons for the recurring defects of the mobile handset which would show that the same suffers from inherent manufacturing defect. In that case, the complainant is entitled to get a hassle free mobile handset in the place of the defective one.

6. Point No. ii. :- The grievance of the complainant is sufficiently met by the above order of this Forum, so this Forum refrain from ordering compensation. However, costs are called for. We fix it at Rs. 1,000/-

7. In the result, the complaint is allowed in part and direct as follows :-

1. The opposite parties shall jointly and severally replace the mobile handset of the complainant with a new one with fresh warranty according to the choice of the complainant. The difference in price if any shall be met by either parties. In that event, the complainant shall return the defective handset to the opposite parties simultaneously.

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

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

Pronounced in the open Forum on this the 30^th day of April 2012.

Forwarded/By Order,

Sd/- A.Rajesh, President.

Senior Superintendent.

A P P E N D I X

Complainant's Exhibits :-

Opposite party's Exhibits :: Nil

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