CC Filed on 19.02.2010<br /> Disposed on 29.07.2010<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR.<br /> <br /> Dated: 29th day of July 2010<br /> <br /> PRESENT:<br /> Sri. G.V.HEGDE, President.<br /> <br /> Sri. T.NAGARAJA, Member.<br /> Smt. K.G.SHANTALA, Member.<br /> ---<br /> <br /> Consumer Complaint No. 21/2010<br /> <br /> Between:<br /> <br /> <br /> Sri. Santhosh <br /> S/o. Nakkullappa,<br /> Aged about 24 years,<br /> Residing at Ambedkar Nagar,<br /> Kolar Town.<br /> <br /> (By Advocate Sri. A.V. Ananda & others) <br /> <br /> <br /> <br /> <br /> ….Complainant<br /> <br /> V/S<br /> <br /> <br /> M/s. Chinmay Cell Care,<br /> Mobile Phone Sales and Service Centre,<br /> Sarada Talkies Road, <br /> Kolar Town,<br /> By its Prop. Sri. Chandu.<br /> <br /> (By Advocate Sri. B.N. Vasudeva Murthy & others)<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> ….Opposite Party<br /> <br /> ORDERS<br /> <br /> This is a complaint filed under section 12 of the Consumer Protection Act, 1986 praying for a direction against the opposite party to replace the mobile handset of complainant with new one or to pay Rs.6,700/- being the value of mobile handset including compensation and interest, etc., with costs.<br /> <br /> 2. It is alleged that OP is a dealer of Karbonn Company mobile hansets and complainant purchased a mobile handset model K360 of Karbonn Company for Rs.2,200/- on 09.10.2009 and obtained receipt from OP. It is alleged that OP issued User Manual and Warranty Card concerning this mobile handset. It is alleged that within a few days from the date of purchase of the mobile handset, it started giving trouble and the complainant approached OP, but he did not give attention. Therefore he filed the present complaint. <br /> <br /> 3. The OP appeared and contested the claim. He admitted that Karbonn – 360 mobile set was purchased by complainant as alleged in the complaint. He also admitted that he handedover Warranty Card and User Manual to complainant. He contended that the terms in the Warranty Card bind the manufacturer and the manufacturer is liable for any defects in the mobile handset and further he contended that when complainant approached him with some complaint in the mobile set he asked him to approach the authorized service provider and also furnished the address and contact number of authorized service provider. Further he contended that without approaching the authorized service provider the complainant has filed this complaint. Therefore he prayed for dismissal of the complaint.<br /> <br /> 4. The parties filed affidavits. We heard the Learned Counsel for parties. <br /> <br /> 5. The Warranty Card produced by complainant shows that the warranty is given by the manufacturer of mobile handset. One of the terms of warranty is that in case of any defect the customer should first approach the authorized service provider. The User Manual contains the contact number and address of authorized service providers. It is found that in Kolar also there is a designated authorized service provider of this manufacturer. During the hearing of the case the complainant was asked to approach the authorized service provider at Kolar. The Learned Counsel for complainant submitted that subsequently the complainant remained absent and he did not approach him. It appears the mobile set of complainant might have been repaired by authorized service provider at Kolar. It appears for that reason the complainant did not approach the Advocate. <br /> <br /> 6. The contention of the OP that he is not liable for the defects in the mobile set appears to be correct. The warranty is given by manufacturer. The OP is only a dealer under manufacturer. He had also provided the contact number and address of the authorized service provider who is in Kolar. Therefore on merit also the complaint is not maintainable. Hence we pass the following:<br /> <br /> O R D E R<br /> <br /> The complaint is dismissed. The parties shall bear their own costs. <br /> <br /> Dictated to the Stenographer, corrected and pronounced in open Forum this the 29th day of July 2010.<br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br />