D.O.F –  27-02-2013

                                      D.O.O –  24-01-2014

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KANNUR

                 Present:  Sri.K.Gopalan                       :      President

                               Smt.Sona Jayaraman.K         :      Member

                               Sri. Babu  Sebastian              :      Member

 Dated this, the 24^th day  of  January 2014

CC.No.58/2013

Mr. Manoharan Aren,

Fortune Portfolio Services,

Nobel Arcade, Opp. Registrar Office,

Caltex,                                                              :         Complainant

Kannur (Dt.),

Kerala – 670002.                                                        

(Rep.by Adv.Manoj Kumar.K.V.)

1.  Nishanth Garg,

Registrant Street 1:63

2^nd Floor,

New Rajadhani Enclave,

Vikas Mar,

New Delhi – 1100092.

    2.  Authorised  Signatury,

         Zync Global Private Limited,                  :        Opposite parties

Zync World, B-119,

Sector 2, Noida (NCR),

Uttarpradesh – 201301.

O R D E R

Sri. Babu Sebastian, Member

This is a complaint filed Under Section 12 of The Consumer Protection Act for an order to direct the opposite party to replace the mobile phone model No. ZYNC Cloud Z5 which was purchased from opposite parties through online marketing.

      Complainant’s case is that he has paid `8,990 through EBS on 08-11-2012 and he has received the mobile phone on 14-11-2012.  On the immediate day itself mobile phone sent by the opposite party, the phone was not working in proper manner.  Although the complainant has intimated the same to opposite party through e-mail, opposite party has not properly responded, although  mobile phone was having a warranty of one year and opposite party offered to provide site pickup and  drop service for the product, they have not done anything as assured.  Moreover opposite party stated that the said mobile phone will have a memory of 4 GB.  But actually the phone is having a memory of 2 GB.  So all the acts and defaults of the opposite parties show the unfair trade practice and deficiency in service from their part.  Hence this complaint.

After receiving the complaint Forum sent notice to opposite parties.  As postal acknowledgement was not received, again notice was sent through e-mail address and it is was served properly.  But opposite parties has not appeared before the forum and they were declared as exparte.

 Now the main question is to be considered whether there is any deficiency of service from the part of the opposite parties. If yes, what is the remedy?
         

  The evidence in this case consists of the chief examination of the complainant and Ext.A1 to A9.  Ext. A1 and A2 documents proves that the mobile phone has been purchased by the complainant from the opposite parties.  Ext. A7 document shows that complainant and opposite party were in contract with each other after the purchase of mobile phone and opposite party were fully aware that the mobile phone is having services defects.  But opposite party have not taken any steps to repair the mobile phone of complainant or to replace the mobile phone.  The refusal of opposite party to repair the mobile phone or to replace the same  shows the deficiency of service from their part.  If  opposite party has attended to the complaint made by complainant, opposite party must have appeared before the forum and adduce evidence on that behalf.  But the refusal of the opposite party to appear before this forum itself shows their attitude towards the issue in dispute.  So the opposite party is liable to replace the mobile phone in model ZYNC cloud Z5 or to return the purchase price of that mobile phone.  The act of the opposite party has caused severe mental agony and hardship to complainant.  So the complainant is entitled to get an amount of `1,000 towards the compensation along with litigation cost of `1,000.  So, the complaint is allowed in party in favour of the complainant.

        In the result, the complaint is partly allowed, directing the opposite party to replace the mobile phone  model No. ZYNC Cloud Z5 and to pay `1,000(Rupees One thousand only) as compensation together with  `1,000 (Rupees One thousand only) as cost of litigation to the complainant within one month from the date of receipt of this order, failing which the complainant shall be at liberty to execute the order on the expiry of 30 days from the date of receipt of this order  as per the provisions of the   Consumer Protection Act.

                   Dated this, the 24^th day of  January 2014.

                               Sd/-               Sd/-              Sd/-             
                          President           Member   Member

                                                  APPENDIX

Exhibits for the complainant

A1- Copy of confirmation order at ZYNC dated 07- 11-2012

A2- Copy of acknowledgement ZYNC

A3(a&b)- Copy of  Advertisement

A4- Copy Lawyer Notice dated 07-01-2013

A5- Postal receipts dated 08-01-2013

A6- Letter of the Post Master, Kannur dated 22-02-2013

A7- E-Mail communication      

A8- Warranty letter

A9- Payment receipt

Exhibits  for the opposite party

Nil

Witness examined for the complainant  

Nil

Witness examined for opposite party

Nil

                                                                     // Forwarded by Order//

                                                                    SENIOR SUPERINTENDENT