Tamil Nadu

North Chennai

222/2014

P.Tamizharasi, D/o.E.Palani, - Complainant(s)

Versus

M/s.Poorvika Mobiles Pvt Ltd., Rep by its Authorized Signatory, - Opp.Party(s)

M.Saravanakumar

25 Jul 2016

ORDER

 

                                                            Complaint presented on:  25.11.2014

                                                               Order pronounced on:  25.07.2016

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

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

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,           MEMBER II

 

MONDAY THE 25^th    DAY OF JULY 2016

 

C.C.NO.222/2014

 

P.Tamizharasi,

D/oE.Palani,

No.23/9, Muniappan Street,

Old Washermenpet,

Chennai – 600 021.

 

                                                                                               ..... Complainant

 

..Vs..

	1.M/s.Poorvika Mobiles Pvt.Ltd., Rep.by its Authorised Signatory, P.B.No.525, Thiruvotriyur High Road, (Near Pandiyas Hotel), Old Washermenpet, Chennai – 600 021.   2.The Managing Director, Nokia Mobiles Co.Ltd.,   Kancheepuram District,   3. The Manager, M/s.Joy Cell, No.337, 10, Paper Mills Road, Perambur, Chennai – 600 012.
	.....Opposite Parties

Date of complaint                                  27.11.2014

Counsel for Complainant                      : M/s.M.Saravanakumar &

                                                                    A.T.Jayaraman

 

Counsel for opposite party                     : Ex - parte

 

 

 

O R D E R

 

BY MEMBER TMT.T.KALAIYARASI, B.A.B.L.,    

          This complaint is filed by the complainant u/s 12 of the Consumer Protection Act.1986.

1. THE COMPLAINT IS IN BRIEF:

The Complainant had purchased a  Nokia mobile phone from the 1^st Opposite Party retail shop on 26.07.2013 for a consideration of Rs.3,500/-. The second Opposite Party is the Manufacturer. The 3^rd Opposite Party is the authorized service provider.  Ever since from the date of purchase of the mobile phone, it has not been properly functioning, particularly sound is not audible and the phone is not suitable for installing the SIM card and hence the mobile phone has inherent manufacturing defect. Hence, the Complainant approached the 1^st Opposite Party to replace the defective mobile on several occasions and he has abused him.  She also approached the 3^rd Opposite Party for service and he had advised the Complainant to approach the 1^st Opposite Party. Hence the Complainant issued a legal notice to the Opposite Parties and however there was no reply from them. Hence the Complainant filed this Complaint for compensation with costs.

          2. The 2^nd and 3^rd Opposite Parties after receipt of notice remained absent and hence they were set ex-parte. The 1^st Opposite Party though appeared through counsel, he did not file written version and hence he was also set ex-parte.

          3. The Complainant filed proof affidavit. Ex.A1 to A3 marked. The Complainant also filed written version. Oral arguments of Complainant heard.

4. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite party?

          2. Whether the complainant is entitled to any relief? If so to what relief?

5. POINT NO: 1

          The Complainant purchased a Nokia mobile phone from the 1^st Opposite Party/Retail shop on 26.07.2013 for a consideration of Rs.3,500/- under Ex.A1 invoice dated 26.07.2013 . The second Opposite Party is the Manufacturer. The 3^rd Opposite Party is the authorized service provider of the 2^nd Opposite Party.

6. According to the Complainant right from the date of purchase  the mobile phone  has not been properly functioning, particularly sound is not audible and the phone is not suitable for installing the SIM card  and hence the mobile phone is having inherent manufacturing defect. The Complainant approached the 1^st Opposite Party to replace the defective mobile and she also approached the 3^rd Opposite Party for service and however they did not provide any service to the product. The Complainant also issued legal notice to the Opposite Parties and even after receipt of the same no reply from them. Hence there is no contra evidence on behalf of the Opposite Parties and the Complainant evidence remains as it is unchallenged and the same is accepted. The available evidence of the Complainant proves that the product purchased by the Complainant is having inherent defect and the same was not rectified by none of the Opposite Parties and therefore we hold that the Opposite Parties 1 to 3 have committed Deficiency in Service.

7. POINT NO: 2

Since the product is having manufacturing defect, the Complainant is entitled for the refund of the cost of the product and also compensation for mental agony with cost of the Complaint.

In the result the Complaint is partly allowed. The Opposite Parties jointly or severally are ordered to refund a sum of Rs. 3,500/- (Rupees three thousand and five hundred only) towards the cost of the product to the Complainant and also to pay a sum of Rs.5,000/- (Rupees five thousand only) compensation for mental agony, besides a sum of Rs.5,000/- (Rupees five thousand only) towards litigation expenses.

The above amount shall be paid to the complainant within 6 weeks from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest till the date of payment.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 25^th   day of July 2016.

 

MEMBER – II                                                               PRESIDENT

 

 

 

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 26.07.2013                   Invoice cum delivery challan issued by the first

                                                 Opposite Party

 

Ex.A2 dated 20.05.2014                   Legal Notice

 

Ex.A3 dated NIL                     Acknowledgement Card

 

 

 

MEMBER – II                                                               PRESIDENT