Tamil Nadu

South Chennai

CC/312/2015

M/s.L.Ramu - Complainant(s)

Versus

M/s.Xolo Care - Opp.Party(s)

M/s.A.Arul Deepan

26 Nov 2015

ORDER

                                                                          Date of Complaint  : 27.07.2015

                                                                 Date of Order           :26.10.2015

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. 312 / 2015

THIS  THURSDAY  26^th  DAY OF  NOVEMBER 2015

L. Ramu,

S/o. L. Lingeswaran,

No.117/118, Angappa Naicken Street,

Parrys,

Chennai 600 001.                                         .. Complainant.

                                                         - Vs-

XOLO CARE, Rep. by its Authorized Signatory, Cell Tech (1300543), No.150, 1st Floor, Montieth Road, Egmore, Chennai – 8.                                       .. Opposite party.		.. Opposite party.

 

For the complainant                     :   M/s. A. Arul Deepan & another      

For the opposite party                   :   Exparte   

 

           Complaint under section 12  of the Consumer Protection Act, 1986 for a direction to the opposite party  to pay a sum of Rs.14,300/- towards cost of the mobile with interest and also to pay a sum of Rs.75,000/- for mental agony and deficiency in service and with cost of the proceedings to the complainant.  

ORDER

THIRUMATHI.K.AMALA,   ::    MEMBER-I

Even after receipt of the notice, the opposite party did not file written version.  Hence, the opposite party was set exparte on 22.9.2015    The complainant filed proof affidavit.  Exhibits A1 to A5 were marked on the side of the complainant.  

2.     Perused the complaint, and the documents Ex.A1 to Ex.A5  filed by the complainant  and proof affidavit and the entire C.C. records and considered the arguments of the complainant counsel.    

3.     The complainant contends that he purchased a mobile namely XOLO PLAY 8X-1100 for a sum of Rs.14,300/- on 28.11.2014 through on line.    Six month warranty has been given for the mobile accessories and one year warranty for mobile phone.   During the month of March 2015 the complainant faced several problems in the said mobile.   The mobile does not charge properly and hands free also got defective.   Hence 30.4.2015 he approached the opposite party and handed over his mobile phone and his accessories for complete service.   But the opposite party took only the charger USB cable and head set for replacement vide work order No.510003888708 dated 30.4.2015 and assured that he would replace within fifteen days.    Even after 20 days there was no reply from the opposite party.   When the complainant visited the service centre they informed to come after two weeks.         But they failed to rectify the defects even after sufficient time.   Then the complainant requested the opposite party to check out the mobile battery since he informed the same initially.   During the last week of May 2015 the complainant handed over the mobile to the opposite party.  They informed that the battery has to replaced.   But they cannot put another order since already one order is pending.   Meanwhile the battery got defective and he used to charge mobile with another charger but then it was not charging properly, when the battery got drained and as such he missed his clients calls.  

4.     The complainant contends that the opposite party failed to do their service in appropriate manner and caused severe damage to him.  Hence he sent email as well as issued legal notice dated 3.7.2015 to the opposite party for replacement of new mobile  which was received by them but they neither sent any reply nor complied his demand.    Hence the complainant has filed the above complaint to return the cost of the mobile along with compensation and cost of the complaint.

5.     Ex.A1 proves that the complainant purchased the XOLO mobile through on line on 28.11.2014 for Rs.14,300/-.  Since mobile does not charge properly and hands free also got defective, on 30.4.2015 the complainant handed over the mobile to the opposite party for complete service.    But the opposite party took the USB cable and hands free for replacement within fifteen days and failed to check the battery and gave job sheet i.e. Ex.A2.   On perusing the warranty card Ex.A5 it reveals that the mobile was covered under warranty during that time.  But the opposite party failed to replace the accessories as assured by them.  

6.     Since the charger was not working on 30.5.2015 the complainant handed over the mobile to the opposite party and opposite party informed that the battery has to be replaced.  But the opposite party failed to replace it, since the first work order was not completed.   Finding no other way the complainant has to charge the mobile with another charger and that too was not working properly.  The email dated 16.6.2015 and legal notice dated 2.7.2015 also proves that the opposite party has not taken any action to rectify the defect or replaced his mobile. 

7.     From the above facts and circumstances and the documents produced before this forum it is clear that the mobile accessories and the battery of the mobile was not functioning properly within few months from the date of purchase.  The opposite party ought to have replaced them in time  since it was under warranty in order to avoid difficulties to the complainant.  Moreover it is the duty of the opposite party to complete the work order given to them in time and satisfy the customer.   But the opposite party failed to complete the work order and rectify the defects.  Further the contention of the complainant that the battery got drained and he missed his clients’ calls since the opposite party failed to do their service in proper manner is acceptable.  As such it is clear that the opposite party has committed deficiency of service.   

8.     But the opposite party failed to appear before this forum to give  any contra evidence to defend the case and hence he was  set exparte. 

9.     Hence we are of the considered view that the opposite party is liable to replace the similar model mobile phone on surrender of the defective complaint mentioned mobile by the complainant, if similar model is not available the opposite party is to pay a sum of Rs.14,300/- being the cost of the mobile as alternative and to pay a sum of Rs.2500/- as litigation charges to the complainant.  Further considering the facts and circumstance of the case we are not inclined to award any compensation. 

In the result, the complaint is partly allowed.  The opposite party is directed to replace the similar model mobile phone on surrender of the defective complaint mentioned mobile by the complainant, if similar model is not available the opposite party is to pay a sum of Rs.14,300/- (Rupees Fourteen thousand and three hundred only) being the cost of the mobile as alternative and also to pay a sum of Rs.2500/- (Rupees two thousand and five hundred only)  as litigation charges to the complainant within six weeks from the date of this order failing which the above said cost of the mobile will carry interest at the rate of 6% p.a. from the date of this order to till the date of compliance of this order.

                Dictated directly by the Member-I to the Assistant, transcribed and computerized by her, corrected by the Member-I and pronounced by us in the open Forum on this the 26^th     day of   November   2015.

 

 

MEMBER-I                                        MEMBER-II                                           PRESIDENT.

Complainant’s Side documents :

Ex.A1-  28.11.2014        - Copy of mobile bill.

Ex.A2-  30.4.2015          - Copy of work order reicept.

Ex.A3-         -                - Copy of email sent to Xolo Care.

Ex.A4-  2.7.2015            - Copy of legal notice sent to opposite party with Ack.

Ex.A5-         -                - Copy of warranty certificate.

Opposite party’s side documents: -    .. Nil ..   (exparte)

 

 

 

MEMBER-I                                         MEMBER-II                                          PRESIDENT.