BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. P. SUDHIR                                         : PRESIDENT

SMT. PREETHA G. NAIR                           : MEMBER

SRI. VIJU V.R                                             : MEMBER

C.C. No. 216/2019 Filed on 09.07.2019

ORDER DATED: 29.10.2019

Complainant:

Jayachandran Nair, Salini Bhavan, Mahalakshmi Nagar, Karippoor P.O, Nedumangadu, Thiruvananthapuram-695 541.

            (Party in person)

Opposite party:

Manager, Nokia Solutions & Networks, Chembumukku, Edappally, Kochi-682 021.       

This case having been heard on 27.09.2019, the Forum on 29.10.2019 delivered the following:

ORDER

SRI. VIJU V.R : MEMBER

The complainant has presented this complaint before this Forum under Section 12 of the Consumer Protection Act 1986, alleging that he had purchased a mobile phone (Nokia 7 plus) from “OXYGEN THE DIGITAL SHOP”.  But within the warranty period the mobile phone became non-functioning. The complainant given the phone for service to the service centre and they intimated the complainant that the charging port has to be replaced and they again told the complainant that the spare parts are not available due to the non-production of the above said phone. The act of opposite party amounts to unfair trade practice and deficiency of service.  The opposite party may be directed to give a new mobile phone instead of the old one, for that effect he had filed this complaint before this Forum.

Even though the opposite party received notice, they did not appear before this Forum and opposite party was set exparte.

Issues to be ascertained:

1. Whether there is deficiency in service from the side of opposite party?
2. Whether the complainant is entitled to get the reliefs?

Issues (i) & (ii):- Both these issues are considered together for the sake of convenience. The complainant has filed affidavit in-lieu of chief examination and has produced 3 documents which were marked as Ext. P1 to P3.  Complainant alleges that due to the deficiency in service of the opposite party, his mobile phone was not serviced free of cost even though there is warranty and also the company has stopped the production of the mobile phone. The opposite party did not turn up. Hence the deposition of the complainant stands unshaken and there is nothing to rebut the evidence put forth by the complainant.  Ext. P2 is the tax invoice dated 16.08.2018, which shows the purchase of the mobile phone.  As per Ext. P1 it can be seen that the complainant had given his phone for service.  The opposite party cannot evade from servicing the phone. The opposite party is bound to service the mobile phone free of cost, as there is warranty. From the documents produced by the complainant, we find that the complainant has succeeded in proving his case and there is deficiency in service from the side of opposite party. Hence the opposite party is liable to compensate the complainant.

In the result, the complaint is allowed. The opposite party is directed to service the mobile phone free of cost, as there is warranty or if the spare parts are not available the opposite party is directed to give a new mobile phone having the features of the non-functioning mobile phone and pay Rs. 3,000/- as compensation to the complainant for the mental agony suffered by him and Rs. 1000/- towards the cost of the proceedings within one month from the date of receipt of this order failing which the amount except cost carries interest @ 8% per annum from the date of default till realization.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 29^th day of October 2019.     

        Sd/-       

P.SUDHIR                              : PRESIDENT

        Sd/-

PREETHA G. NAIR  : MEMBER

       Sd/-

VIJU V.R                               : MEMBER  

jb

C.C. No. 216/2019

APPENDIX

  I      COMPLAINANT’S WITNESS:

                             NIL

 II      COMPLAINANT’S DOCUMENTS:

P1     - Copy of receipt acknowledgement dated 15.06.2019

P2     - Copy of tax invoice dated 16.08.2018

P3     - Copy of aadhar

III      OPPOSITE PARTY’S WITNESS:

                             NIL

 IV     OPPOSITE PARTY’S DOCUMENTS:

NIL

                                                                                                                 Sd/-

PRESIDENT

jb