Tamil Nadu

North Chennai

CC/11/2016

R.Ashwin Singaravelan - Complainant(s)

Versus

M/s.TVS Electronics - Opp.Party(s)

Party in Person

16 Jun 2016

ORDER

                                                             Complaint presented on  : 16.12.2015

                                                                Order pronounced on  :  16.06.2016

 

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

 

THURSDAY THE 16^th   DAY OF JUNE 2016

 

C.C.NO.11/2016

 

R.Ashwin Singaravelan, 19 yrs.

Son of K.Rahavan,

No:21/16, Dewan Rama Road,

Purasawalkam,

Chennai – 600 084.

                                                                                            ..... Complainant

 

..Vs..

	1.Flipkart Internet Private Limited, Rep. by its CEO., Vaishnavi Summit, Ground Floor,   Koramangala Industrial Layout, Next to Wipro Office, Corporation Ward  No. 68, Koramangala, Bangalore – 560 034, Karnataka.     2.WS Retail Service Pvt Ltd., Rep by its Director, No:42/1 & 43, Kancherakanahalli Village, Hoskote Taluk, Bangaluru, PIN:560 067, Karnataka State.   3. HTC India Private Ltd (Dopod), Rep by its CEO., G4 BPTP Park Centre, Sector – 30, Near NH-8, Gurgaon, Haryana PIN: 122 001. 4. TVS Electronics, Rep.by its Chairman, A4, First Floor, Gemini Parsn Commercial Complex, No:1, Kodambakkam  High Road,  Nungambakkam, Chennai – 600 006.
	.....Opposite Parties

Date of complaint                                  15.02.2016

Counsel for Complainant                      : Party in person

Counsel for Opposite parties                   :Ex – parte

 

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

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

1.THE COMPLAINT IN BRIEF:

          The Complainant placed an order to purchase HTC One M9+ Mobile Phone on 31.07.2015 through the 1^st Opposite Party website. The cost of the said mobile phone is Rs.38,084/- which was paid by the Complainant through online and the said amount was debited from his account maintained in the City Union Bank. Next day 01.08.2015 the 2^nd Opposite Party /courier delivered the product to the Complainant. The 3^rd Opposite Party is the manufacturer of the said product and the 4^th Opposite Party is the authorised service provider of the HTC Mobile Phone. On 15.08.2015 the Complainant fell down from his two wheeler vehicle and the above mobile phone also fell down and mobile screen was damaged. The Complainant went to the 4^th Opposite Party service provider to repair the product. The 4^th Opposite Party replied that the 1^st Opposite Party is the authorised seller and hence declined to attend the mobile phone. Then the Complainant contacted the manufacturer on 18.08.2015, even after his  advice the 4^th  Opposite Party refused to give estimate of repair and to attend the same and then through the 1^st Opposite Party Customer Care Unit the Complainant contacted and thereafter the 4^th Opposite Party attended the repair on payment of charges. The Complainant is entitled for the warranty for his HTC Mobile Phone as in the on line shopping website. The warranty also not provided to the Complainant. Hence the Complainant issued legal notice about the deficiencies committed by the Opposite Parties. Since the 4^th Opposite Party has not rectified the defect, the Complainant filed the Complaint seeking various reliefs and also compensation for mental agony with cost of the Complaint.

          2. Though the Opposite Parties 1 to 4 received notice they did not appear and hence they were set ex- parte.

          3. The Complainant filed proof affidavit Ex.A1 to Ex.A13 were marked and written arguments of the Complainant also filed. The oral argument of the Complaint is heard.

4. POINTS FOR CONSIDERATION:

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

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

5. POINT NO :1

          The Complainant placed an order under Ex.A1 to purchase the HTC One M9+ Mobile Phone with the 1^st Opposite Party on 31.07.2015 and to purchase the said product the Complainant paid the cost of the product of Rs.38,084/- from his account under Ex.A4 and on the next day the 2^nd Opposite Party/ courier delivered the product to the Complainant and Ex.A5 is the purchase bill of the product. The 3^rd Opposite Party is the manufacturer and the 4^th Opposite Party is the authorised service provider of the 3^rd Opposite Party.

          6. On 15.08.2015 the Complainant fell down from his vehicle and the mobile phone also at the time fell down and the mobile screen was damaged and to repair the product the Complainant contacted the 4^th Opposite Party and the 4^th Opposite Party refused to service the product, since the 1^st Opposite Party is not the authorized seller of the 3^rd Opposite Party and further even at the intervention of the 3^rd Opposite Party the 4^th Opposite Party refused to repair the product. There is no contra evidence on behalf of the Opposite Parties and therefore refused to service the product is Deficiency in Service.

          7. However, at the instance of the Complainant and after instructed by the 1^st Opposite Party, the 4^th Opposite Party attended the service after receiving payment and the same was evidenced through the documents Ex.A17 to Ex.A19. Even after such repair the product still has defect and failed to remove the defect by the 4^th Opposite Party is Deficiency in Service on his part. As a manufacturer the 3^rd Opposite Party and the seller/ 1^st Opposite Party are also liable for the deficiencies committed by the 4^th Opposite Party and therefore, we hold that the Opposite Parties 1^st, 3^rd, & 4^th have committed Deficiency in Service. The 2^nd Opposite Party courier service has only delivered the product and therefore he has not committed any Deficiency in Service.

8. POINT NO : 2

          According to the Complainant the product is not working and therefore he wants new product with warranty and also compensation for mental agony. Since the product is not working the Complainant needs for replacement with new product is sustainable and hence it has to be ordered that 1^st and 3^rd Opposite Party can be directed to replace a new product with required warranty to the Complainant. The Complainant suffered with mental agony is acceptable and for which a sum of Rs.10, 000/- can be ordered, besides a sum Rs.5,000/-litigation expenses.

    In the result, the Complaint is partly allowed. The 1^st & 3^rd Opposite Party jointly or severally are ordered to replace the defective HTC one M9+ Mobile Phone with new Mobile  Phone and warrantee within a period of 6 weeks from the date of this order, failing which the above said Opposite Parties are directed to refund the product cost of Rs.38,084/-(Rupees thirty eight thousand and eighty four only) The Opposite Parties 1^st, 3^rd & 4^th jointly or severally further ordered to pay a sum of Rs.10,000/- (Rupees ten thousand only) towards 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. The Complaint against the 2^nd Opposite Party and in respect of other reliefs this Complaint is dismissed.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 16^th day of June 2016.

 

MEMBER – II                                                               PRESIDENT

 

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 31.07.2015	Specifications of HTC one M9+ Mobile

Ex.A2 dated         31.07.2015                   Preview of HTC one M9+ Mobile    

Ex.A3 dated         31.07.2015                   G mail – Shipment of items in order

                                                    OD003518291633513600 by Flipkart            

Ex.A4 dated 31.07.2015                   Online Transfer of funds through bank account in

                                                city Union Bank

Ex.A5 dated 31.07.2015                   Retail Invoice/Bill

Ex.A6 dated 01.08.2015                   G mail – Insurance Service Pack successfully

                                                Activated

Ex.A7 dated  22.08.2015                  G mail – Acknowledgement mail of complaints       

                                                from HTC

Ex.A8 dated 23.08.2015                   Conversation with HTC Executive

Ex.A9 dated 24.08.2015                   Conversation with HTC Executive

Ex.A10 dated 26.08.2015                 Conversation with Flipkart Executive       

Ex.A11 dated 26.08.2015                 Acknowledgement mail of complaints from

                                                Flipkart

Ex.A12 dated 01.09.2015                 Conversation with Flipkart Executive

Ex.A13 dated 12.09.2015                 Notice to Opposite Parties 1 to 3

Ex.A14 dated 15/16.09.2015     Acknowledgement of service of Notice to Opposite

                                                Parties 1 to 3

Ex.A15 dated 16.09.2015                 Conversation with Flipkart Executive

Ex.A16 dated 21.09.2015                 Conversation with HTC Executive

Ex.A17 dated 29.10.2015                 HTC Repair Report by 4^th Opposite Party

Ex.A18 dated 31.10.2015                 Retail invoice by 4^th Opposite Party

Ex.A19 dated 31.10.2015                 Service Report by 4^th Opposite Party

Ex.A20 dated 03.11.2015                 Insurance claim issue

Ex.A21 dated NIL                             Limited Warranty Statement

Ex.A22 dated 14.11.2015                 Notice to Opposite Parties 1 to 4 by Registered                                                 

                                                   Post with acknowledgement due   

Ex.A23 Dated 17.11.2015      CD Video Recordings in the office of the 4^th

                                                Opposite Party service center on 17^th November,

                                                2015 and the conversation Recordings with 1^st

                                                Opposite Party HTC and 2^nd Opposite Party

                                                Flipkart.

Ex.A24 dated 17/18.11.2015     Acknowledgement of service of Notice to Opposite

                                                Parties  1 to 4

Ex.A25 dated 05.12.2015                 Live chat service with HTC Executive

Ex.A26 dated 08.12.2015                 Live HTC chat service

Ex.A27 dated 08.12.2015                 Live chat service with HTC Executive-HTC

                                                   Executive abruptly closes.   

Ex.A28 dated  NIL                            HTC Repair Report

Ex.A29 dated 31.10.2015        Service Report

Ex.A30 dated 05.02.2016         Retail Invoice                                            

 

 

 

 

MEMBER – II                                                               PRESIDENT