IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOLLAM
DATED THIS THE 28TH DAY OF February 2018
Present: - Sri. E.M.Muhammed Ibrahim, B.A, LLM. President
Sri. M.Praveen Kumar,Bsc, LLB ,Member
CC.No.164/2016
Mr.Jayaram.R : Complainant
Chirayil Puthen Veedu
Kovoor, Arinalloor P.O
Kollam – 690538
Kerala
[By Adv.Bijesh .S.Pillai, Kottarakkara]
V/S
1. M/s YU Televentures Pvt.Ltd : Opposite parties
Registered Address : Plot 21/14, Block
A, Naraina IndustrialArea, Phase II
New Delhi – 110028
2. Ravi Gupta, B82 – Mayapuri Industrial Area
Phase -1, New Delhi
PIN- 110064
ORDER
SRI. M. PRAVEEN KUMAR, MEMBER
Complainant’s case is that on 20/02/2015 he had purchased a mobile phone worth Rs.8999/- from the 1st opposite party having viz “ YU Yureka Moondust Grey” vide invoice No.HR-DEL2-144105041-966935 through Amazon India. The same was delivered to the complainant it at Kollam .Thereafter as the mobile phone showed complaints the complainant’s brother Sreeram .R on 10/03/2015 had sent the defective phone to 2nd opposite party at Mayapuri Service Centre after obtaining ticket from 1st opposite party’s customer support team (Ticket No.25804 & 42850 and also as per their advice .The 1st opposite party provided service
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warranty also. The complainant sent his phone to the 2nd opposite party in the address given by the customer support team of 1st opposite party. The said mobile phone got delivered to the 2nd opposite party on 13/03/2015.
Though the complainant contacted the customer care centre of 1st opposite party several times by sending more than 50 E-mails and numerous STD calls to customer support team which cost around Rupees Two Thousand, the opposite parties never positively responded to such requests. However the complainant on 16/01/2016 got an E-mail from the 1st opposite party stating that the support team would be arranging to dispatch shipment against the waybill number provided to the complainant and also given a reference ticket Id 1672243 Waybill number for Yureka trans receiver prepaid was given is . Dot Zot Job sheet No.KL – 060116-21183257. But neither the complainant received the phone nor the tracking details traceable . This amounts to cheating and bad customer service policy and thereby the complainant had sustained a loss of Rs.5499/-. This deficiency in service on the side of the opposite party caused great mental agony and financial loss to the complainant for which the opposite parties jointly and severally held liable to provide compensation. The acts of the opposite parties, amounts to deficiency in rendering service and as also indulgence in unfair trade practice. The complainant for their prays to issue direction to the opposite parties, to disburse the claim amount of Rs.8999/- along with interest @12 % per annum and also to pay Rs.75,000/- as compensation for mental agony and physical harassment, with cost of the litigation.
Though the opposite parties received notice from the Forum they have neither appeared before the Forum nor filed any written version.
Points for consideration :-
1.Whether there is any deficiency in service or any unfair trade practice on the part of opposite parties ?
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2.Whether complainant is entitled to get the amount claimed in the complaint with interest and as prayed for in the complaint.
3. Reliefs and costs?
The complainant filed proof affidavit and got marked 8 documents as Ext. P1, P2, P3 series , P4 to P5 , P6 series P.7 & P.8.
Heard the complainant counsel who has also filed notes of argument
Points No.1 & 2 :-
The specific case of the complainant is that on 26/02/2015 complainant had purchased a mobile phone worth Rs.8999/- from the 1st opposite party ‘ YU Yureka’ through online . Ext.P1 invoice issued to the complainant would establish the same. There after the mobile phone become defective and hence the complainant sent the phone to 2nd opposite party. Ext.P2 speed post would prove that the complainant has caused to sent the mobile to the 2nd opposite party. 1st opposite party provided Ext.P8 service warranty and inspite of the fact that the mobile phone purchased from the 1st opposite party has become defective during warranty period the 2nd opposite party who is the authorized service provider has failed to cure the defect in the mobile phone . The email communications sent by the complainant to opposite parties are got Ext.P3 series. In view of Ext.P3 series email communications it is clear that the complainant had contacted the opposite parties on several times by sending more than 35 emails and numerous STD calls but the 2nd opposite party never taken any positive steps or return the mobile set. It is also clear from Ext.P4 lawyer notice that the complainant has sent a lawyer notice to opposite party 1 and 2 intimating the deficiency in service and unfair trade practice committed by them and calling upon opposite party 1 and 2 to pay the amount and compensation as claimed.
On going through the proof affidavit and Ext.P1 to P8 document we are satisfied that the complainant has proved his case. . Opposite parties have not take any steps to cure the defective mobile and they are not even returned the same
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to the complainant so far. In view of the materials discussed above would establish that the purview if Consumer Protection Act.
The unchallenged averments in the proof affidavit coupled Ext.P1 to P8 documents would establish that there is gross negligence, deficiency in service and unfair trade practice on the part of opposite parties and therefore the complainant is entitled to get Rs.8999/- being the value of the mobile phone , compensation and also costs of the proceedings. The points answered accordingly.
Point No.3
In the result the complaint stands allowed, directing the opposite parties to pay Rs.8999/- with interest 9% per annum from the date of filing the complaint, Rs.5000/- as compensation and Rs.2000/- as costs of the proceedings within 45 days from today failing which the complainant is entitled to realize the same with interest @12% per annum from the date of filing compliant till realization from opposite parties No.1 and 2 jointly and severally and from their assets.
Dictated to the Confidential Assistant Smt.Vijimole.G transcribed and typed by her corrected by me and pronounced in the Open Forum on this the 28th day of February 2018.
E.M .MUHAMMED IBRAHIM:Sd/-
M.PRAVEENKUMAR:Sd/-
Forwarded/by Order
Senior Superintendent
INDEX
Documents marked for the complainant
Ext.P1:- Invoice dated 26/02/2015
Ext.P2:- Speed post receipt dated 10/03/2015
Ext.P.3:- Copies of emails send and received from the opposite parties (27 in Nos)
Ext.P.4:- Advocate notice dated 18/01/2016
Ext.P.5:- Postal receipt
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Ext.P.6:- Acknowledgment card
Ext.P.7:- Bill
Ext.P.8:- Copy of warranty and service condition s
E.M .MUHAMMED IBRAHIM:Sd/-
M.PRAVEENKUMAR:Sd/-
Forwarded/by Order
Senior Superintendent
