Tamil Nadu

South Chennai

CC/69/2015

M/s.V.Joseph Arulnithi - Complainant(s)

Versus

M/s.Karban Mobiles Pvt Ltd., - Opp.Party(s)

M/s.Hemalatha Suresh

14 Sep 2015

ORDER

                                                                                        Date of Complaint  : 05.02.2015

                                                                                        Date of Order        :14.09.2015

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

 

PRESENT :    THIRU. B. RAMALINGAM, M.A.M.L.,                              :  PRESIDENT                     

                      TMT.K. AMALA, M.A. L.L.B.,                                             :  MEMBER – I

                   DR. T.PAUL RAJASEKARAN, M.A PGDHRDI, AIII,BCS :  MEMBER II

                                                                  

C.C.No. 69 / 2015

THIS  MONDAY  THE 14^H DAY OF SEPTEMBER  2015

 

V. Joseph Aruljothi,

S/o. M.Visuvasam Nadar,

No.27/125, First Main Road,

Mangala Nagar, Porur,

Chennai 600 116.                                                       .. Complainant.

                                                          - Vs-

1.  M/s. Karbonn Mobiles Pvt. Ltd., Rep. by its Authorized Signatory, Head Office, at No.39/13, Off. 7th Main, HAL 2nd Stage Appareddy Palya, Indira Nagar, Bangalore 560 038.   2. M/s. Poorvika Mobiles Pvt. Ltd., Rep. by its Authorized Signatory, Head Office, No.30, Arcot Road, Opp. Meenakshi College, Kodambakkam, Chennai – 24.   3. M/s. Poorvika Mobiles Pvt. Ltd., Rep. by its Authorized Signatory, No.5/214 Kundrathur Main Road, Opp. Telephone Exchange, Near Bai Kadai, Moulivakkam, Chennai 600 125.                                                     .. Opposite parties.		.. Opposite party.

 

For the complainant                              :   M/s. Hemalatha Suresh & another  

For the opposite party-1              :   Exparte.     

For the opposite parties   2 & 3     :   M/s. Muthuselvam & other (Exparte)

 

           Complaint under section 12  of the Consumer Protection Act, 1986 for a direction to the opposite parties  to pay a sum of Rs.10,500/- and also to pay a sum of Rs.2,00,000/- as compensation for mental agony and loss of reputation and also to pay interest @ 36% p.a. from 20.7.2014 to till the date of realization  and cost of the complaint. 

ORDER

THIRUMATHI.K.AMALA,   ::    MEMBER-I

Even after receipt of the notice, the opposite parties did not file written version.  Hence, the opposite parties were set exparte on  2.6.2015 & 28.7.2015   The complainant filed proof affidavit.  Exhibits A1 to A10 were marked on the side of the complainant,  Written arguments of complainant  also filed.

2.     Perused the complaint, and the documents the Ex.A1 to Ex.A10 marked on the side of the complainant   and considered the arguments of the complainant.

3.     The complainant has stated that he is doing Tailoring business.  Hence he decided to purchase Mobile to pick up his customer’s call to develop his business in the Festival season i.e. Dipawali Christmas, New Year and Pongal.  Hence he purchased Carbon Titanium X Mobile from the 2^nd opposite party for a sum of Rs.10,500/- vide invoice No.6546 on 20.7.2014.    Right from the date of purchase of the said mobile, it was not properly working.  Hence he approached the 2^nd and 3^rd opposite parties to rectify the defect and 3^rd opposite party received the mobile from the complainant and issued customer mobile service pick up sheet No.04224 dated 25.10.2014.    The complainant stated that several times he approached in person and contacted over phone but 3^rd opposite party told that the said mobile has been sent to the 1^st opposite party company to rectify the defect.    But the defects were not rectified, neither the mobile was returned to the complainant.  Hence the complainant sent the complaint dated 25.12.2014 to the 3^rd opposite party and same was received by them but there was no reply.    The complainant was not able to contact his customers.   Hence the complainant issued legal notice dated 1.1.2015 to the opposite parties.   But inspite of receipt of the notice the opposite parties failed to send any reply.  The above act of the opposite parties amounts to deficiency of service.  Hence the above complaint.    

4.     The proof affidavit filed by the complainant and Ex.A1 reveals that the complainant had purchased mobile from the 2^nd opposite party on 20.7.2014 for a sum of Rs.10,500/-.  Since the mobile was defective right from the date of purchase he gave the mobile to the 3^rd opposite party to rectify the defect for which job sheet was also given vide Ex.A2, dated 25.10.2014.   Since the 3^rd opposite party failed to return the mobile  even after two months he sent the complaint Ex.A3 to the 3^rd opposite party, to issue new mobile or to return the said amount of Rs.10,500/-.   Even after receipt of complaint the 3^rd opposite party failed to send any reply as such the complainant issued legal notice to the opposite parties which were received by them and acknowledged which is evidenced through Ex.A5 to Ex.A7.  But they failed to send any reply.    The documents filed by the complainant proves that the opposite parties retaining the mobile without  rectifying the defect  or sent any reply.   As such the contention of the complainant that the opposite parties committed deficiency of service is acceptable.    

 

5.     Further the contention of the complainant that he is a Tailor and without the mobile he could not contact his customer is acceptable.   The counsel for the complainant also referred Ex.A8 and Ex.A9 which are the letters sent by the 2^nd opposite party to the complainant stating that they asked the complainant to pay the repair cost within three days from the date intimated by them i.e. 31.5.2015 during pendency of this complaint for which the complainant also given reply  dated 11.8.2015  namely Ex.A10.     Further the 3^rd opposite party had not mentioned the cost of repair in the said letter.   After receiving notice from this Forum they failed to appear before this forum and set exparte but sent the above letters to the  complainant in an irrelevant manner is not sustainable and cannot be acceptable.   Since right from the date of purchase the mobile was not functioning properly  the complainant is not required to pay the repair charges to the opposite parties  as submitted by the counsel for the complainant.   

6.     As such the contention of the complainant that the opposite parties retained the mobile without rectifying the defect and committed deficiency of service and caused mental agony is also acceptable.  

7.     Under these circumstances we are of the considered view that the opposite parties are jointly and severally directed to pay a sum of Rs.10,500/- being the cost of the mobile and also to pay a sum of Rs.5,000/- as compensation towards mental agony and Rs.2,500/- towards the cost of litigation to the complainant.     

8.     The compensation claimed by the complainant is exorbitant and  considering the facts and circumstances of the case a sum of Rs.5,000/- as compensation is just and reasonable.

In the result the complaint is partly allowed.   The opposite parties are jointly and severally directed to pay a sum of Rs.10,500/- (Rupees Ten thousand and five hundred only) being the cost of the mobile and also to pay a sum of Rs.5,000/- (Rupees Five thousand only)  as compensation towards mental agony and also to pay a sum of Rs.2,500/- (Rupees two thousand and five hundred only) towards the cost of litigation to the complainant within six weeks from the date of receipt of copy  this order failing which the amount (Rs.10,500/- + Rs.5,000/-) shall  carry interest at the rate of 9% per annum from the date of  order passed till the date of payment. 

                Dictated directly by the Member-I to the Assistant, transcribed and computerized by her, corrected by the Member-II and pronounced by us in the open Forum on this the 14^th   day of  September  2015.

 

 

MEMBER-I                                        MEMBER-II                                                PRESIDENT.

Complainant’s Side documents :

Ex.A1- 20.7.2014  - Copy of Delivery Challan with warranty.

Ex.A2- 25.10.2014         - Copy of Customer mobile service pickup sheet

Ex.A3- 25.12.2014 – Copy of complaint given to the 3^rd opposite party to the

                             Complainant.

Ex.A4- 30.12.2014         - Copy of Ack. card of the 3^rd opposite party.

Ex.A5- 1.1.2015    - Copy of legal notice

Ex.A6- 3.1.2015    - Copy of Ack. card of the 2^nd and 3^rd opposite parties.

Ex.A7- 5.1.2015    - Copy of Ack. card. Of the 1^st opposite party.

Ex.A8- 14.7.2015  - Copy of 2^nd opposite party sent letter to the complainant.

Ex.A9- 31.7.2015  - Copy of 2^nd opposite party sent letter to the complainant.

Ex.A10- 11.8.2015 – Copy of complaint sent reply notice to the 2^nd opposite party.

 

Opposite parties’ side documents: -    .. Nil ..   (exparte)

 

 

 

MEMBER-I                                         MEMBER-II                                              PRESIDENT.