Date of Filling:     06.03.2017

                                                                                                                       Date of Disposal:  07.05.2018

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

THIRUVALLUR-1

PRESENT:   THIRU.S.PANDIAN, B.Sc., L.L.M.                                 ….PRESIDENT

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

CONSUMER COMPLAINT No.13/2017

MONDAY, THE 07 DAY OF MAY 2018

S.Sekar, Aged: 48 years

S/o, Kuppusamy

No.38, Nehru Street,

Gandhi Nagar,

Pattabiram, Chennai - 600 072.                                            …Complainant

                                            //Verses//

The Manager,

M/S.,  Sangeetha Mobiles Private Limited,

No.24 Elohim Complex,

 HVF Road, Avadi,

Chennai -600 054.                                                                 ….Opposite Party.

 This  Complaint is coming on for final hearing before us on 23^rd April 2018  in the presence of Thiru S. kannan, Counsel for Complainant, Opposite Party called absent and set ex-parte, perused complainant’s side documents, and hearing the arguments on the side of the Complainant and the case having stood over to this day for consideration,  this Forum passed the following:-

ORDER

Thiru. S. Pandian (President)

This Complaint has preferred by the complainant Under Section 12(1) of the Consumer Protection Act, 1986 against the Opposite Party with direction to refund the sum of Rs.10,200/-  and award of Rs.60,000/- towards compensation with cost of Rs.20,000/-  for mental sufferings loss for the defects in the supply of goods as well as the deficiency in services.

 1.The  brief  facts of the complainant are as follows:-

The opposite party is a concern dealing with sales of mobile phone and they advertise with leading news papers. The complainant  purchased a mobile phone handset on their shop on 25.06.2016 bearing model ‘Oppo Neo7’ with IMEI No. ‘861227033538478’ for Rs.10,200/- (Rupees Ten Thousand Two Hundred Only) with warranty.   Then, the Opposite Party issued a bill for that purchase in their letter pad dated 25.06.2016 as they are having problems in generating a computerized bill, and the  Opposite Party has mentioned the  details of phone and price of phone  but  without any bill number.

2. The complainant made use of the mobile phone for nearly three months but, the handset developed a lot of problem.  So, the complainant handed over the mobile phone for service to the Opposite Party on 22.10.2016.   The opposite party received the handset for service and endorsed the ‘letter pad’ bill as “service issue mobile collected on 22.10.2016” and duly made a signature.  When the complainant went to get back his mobile, the opposite party told the complainant that the mobile cannot be serviced and it was broken.

 3. The complainant has given the mobile for service in good structure and it was not broken at that time, when the phone was given for service.  The complainant has insisted to replace the mobile or to refund the money, as it was a mistake of the opposite party to mishandle the mobile.

4. Thereafter,  the Complainant has preferred a police complaint before the T-6 Avadi Police Station on 18.11.2016 the Police enquired the matter. That  on enquiry one Mr.G.Santhosh,  who was the then manager of the opposite party concern at the time of purchase appeared before the police and gave written statement that he can’t replace the mobile and he is ready to face it in the court.  And so the CSR was closed.  The complainant sent a lawyer notice through his counsel on 28.11.2016 to the opposite party to replace the handset with a new one.  But the Opposite party doesn’t care to reply for the same Hence this complaint.

             5. Inspite of notice duly served to the opposite Party, the Opposite party neither appeared nor to represent through counsel though Sufficient opportunity  is given. Hence the Opposite party was set exparte.

             6. On the side of the complainant, the complainant filed Proof Affidavit on order to substantiate his case and Exhibit A1 to A7 are marked on his side.

            7. At this juncture the points for determination before this forum are as follows:-

1.  Whether there is any deficiency in service on the side of the opposite party as narrated in the complainant.

2.  Whether the complainant is entitled for any relief as prayed for?

 8.   Written Arguments filed by the complainant and oral Arguments adduced on the side of the complainant.

9. In such  circumstances, this Forum decided to conclude this matter fully on merits with available evidence and documents putforth before this Forum, though the Opposite Party is set Exparte.

 10. Point No: 1:-

            As per the case of the complainant, the opposite party has  sold the defective Mobile and not  come forward to rectify the defect and also refused  to refund the cost of the  mobile  and thereby the opposite party has committed the deficiency of services  by selling defective materials.  At the outset, it is the duty of this forum to decide whether the complainant has put forth his case by means of proper evidence and relevant documents before this forum in an acceptable manner.

11. In such circumstances,  on careful perusal of the evidence of the complainant, it is stated that he had purchased mobile phone handset on 25.06.2016 bearing model ‘Oppo New7’ with IMEI No.861227033538478  for Rs.10,200/- (Rupees the thousand two hundred only) with warranty from the Opposite party.  The Opposite Party issued a bill for that purchase in their letter pad dt.25.06.2016 as they are having problems in generating a computerized bill.  The Opposite Party had mentioned the details of phone and price of phone but without any bill number which is marked as Exhibit A1 and further stated that, after using of the mobile for nearly three months, the handset developed a lot of problem and hence, handed over the said mobile for service to the opposite party on 22.10.2016.    The Opposite Party received the handset for service and endorsed the letter bill as “service issue mobile collected on 22.10.2016” and duly made a signature is marked as Exhibit A2.  It is further stated that the complainant went to get back his mobile, the opposite party told him that the mobile cannot be serviced and it was broken though he has given the mobile for service in good structure and it is still with opposite Party and refused to rectify the defects.  So, the complainant preferred a police complaint before the T-6 Avadi Police Station on 18.11.2016 the police enquired the matter and registered a CSR with number 997/2016 dated 18.11.2016 is marked as Exhibit A3.  That on enquiry on Mr.G.Santhosh, who was the then manager at the opposite party concern at the time of purchase, appeared before the police and gave Exhibit A4 written statement by stating that he can’t replace the mobile and he is ready to face it in the court and  so the CSR was closed.   Thereafter   no other go, the complainant caused a lawyer notice Exhibit A5 through his counsel on 28.11.2016 to the Opposite Party.   Exhibit A6 is the postal receipts and Exhibit A7 (s) are the Acknowledgement cards.  Eventhough, the Opposite Party received the Ex A5, he has not come forward neither to rectify the defects nor to sent any reply.

 12. For the fore going among other facts, it is crystal clear that the complainant had purchased the mobile phone for the Opposite party on due consideration.  So, the complainant clearly comes under the category of Consumer within the ambit of Consumer Protection Act 1986 and in this regard there is no dispute at all.

13. Further, it is pertinent to note that, it is crystal clear that the Ex.A4 is the handwritten letter written by the manager of the Opposite Party on his own handwriting and signed by him.  It clearly reveals the facts of Ex.A1, A2, and categorically admitted by the abovesaid Manager regarding the purchase of said mobile by the complainant herein, the cost price of the said mobile, the issue of letter bill instead of computer bill and handed over the said Mobile for repair by the complainant and refused for rectification.

14.  such being so, eventhough the Opposite party was received the Ex.A5 legal notice  the  Opposite party has not come forward   either to rectify the defects or to sent any reply.  Furthermore, there is no specific version about the broken condition of the mobile if any as alleged.   If for argument sake , it is taken as broken one at the time of handing over for repair, by the complainant, certainly, it would have been mentioned in Ex.A2 by the opposite Party.  But actually it is not found so in ExA2.  Therefore, such allegation if any raised by the Opposite Party is utterly baseless one.  Moreover, inspite of receipt of notice from this Forum, the Opposite Party has not chosen to appear before this Forum to rebut the evidence of the complainant which clearly shows that there is no valid materials on the side of the Opposite party.

15. At the outset, this forum wants to enlighten that the complainant has proved the deficiency of service of the Opposite Party by means of acceptable, reliable and concrete evidence.  Hence this forum has no hesitation to conclude that the Opposite Party has committed deficiency in service in selling defective mobile and thereby caused mental agony to the complainant.  Thus, the point No.1 is answered accordingly.

            Point No : 2:-

16. In view of the discussion concluded in the point No.1, it would proper to order that the complainant is entitle for refund of the amount of purchase of mobile phone with reasonable interest from the date of complaint till the date of order 07.05.2018 and also for Compensation for the damages and mental sufferings and thus the pointNo.2 is answered accordingly.

17. In the result, this complaint is allowed in part with direction that the Opposite Party has to refund the purchase amount of Rs.10,200/- (Rupees Ten Thousand and Two hundred Only) in total with interest at 9% per annum from the date of Complaint till the date of this order (07.05.2018) and also to pay a sum of Rs.5,000/- (Rupees Five Thousand Only)  towards compensation and Rs.2,000/- (Rupees Two Thousand Only) towards cost of the complaint to the complainant.

            The above amounts shall be payable within one month from the date of receipt of the copy of the order, failing which,  the said  amount shall carry interest at the rate of 9% per annum till the date of payment.

This order was dictated by the President to the Stent-typist, typed by her, corrected, signed and pronounced by us in open Forum, today on this 07^th day of May 2018.

     -Sd-                                                                                                                -Sd-

  MEMBER                                                                                                  PRESIDENT

List of documents filed by the complainant:-

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MEMBER                                                                                                           PRESIDENT