BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.

Dated this the 24^th day of May 2017

Filed on : 21-07-2016

PRESENT:

Shri. Cherian K. Kuriakose, President.

Shri. Sheen Jose, Member.

Smt. Beena Kumari V.K. Member.

CC.No.427/2016

Between

Shoukath Husain, : Complainant

S/o. Late K. Bapicha, (By Adv. Jobi A. Thampi,

Ponpurath, Parayakad P.O., Youseff & Aysha, Lawyers & Attorneys

Alappuzha-688 540. Kallath Building, MM road, Cochin-18)

And

1. Managing Director, : Opposite parties

Panasonic India Pvt. Ltd., (absent)

12^th Floor, Ambience Island,

NH-8, Gurgaon-122 002,

Haryana.

2. The Manager,

Assian Times and Mobiles (Br.),

HO Wire Free Distributors,

Santhi Building,

Thuravoor P.O.,

Cherthala, Alappuzha.

3. Manager, DivX Communications,

Authorised Service Centre,

3^rd floor, Penta Menaka,

Shanmugham road, Cochin-31.

O R D E R

Cherian K. Kuriakose, President.

1. Complainant's case

2. The complainant, a practicing advocate, purchased a smart phone manufactured by the 1^st opposite party on 03-03-2015 on payment of an amount of Rs. 9,000/- from the shop of the 2^nd opposite party. The complainant was made to believe that the phone is of superior quality. On 10-01-2016 the smart phone purchased by him started showing malfunctioning by automatic shut down and hanging. He was unable to receive any calls and was not able to access any applications in the phone. The complainant produced the phone before the 3^rd opposite party, the authorized service centre of the 1^st opposite party for rectifying the fault,. The phone was entrusted to the 3^rd opposite party on 16-01-2016 which was within the warranty period. After 12 days, when the complainant approached the 3^rd opposite party he was informed that the phone is having manufacturing defect and therefore it was sent to the manufacturer for getting it repaired at the manufacturing point. The complainant contacted the manufacturer by email on 01-02-2016 and he got a reply that the phone was already repaired and sent back to the 3^rd opposite party. When the complainant approached the 3^rd opposite party, the phone was returned to him and it was found that no repairs work were done. The complainant therefore approached the 3^rd opposite party on 08-03-2016. He was asked to pay 75% of the cost of the phone towards repair charges. Repeated e-mail communications made to the manufacturer/1^st opposite party was of no avail. The 1^st opposite party had replied that the phone can not be replaced but could be repaired on chargeable basis through the service agent. The complainant asserts that the phone was entrusted to the opposite party at a time when it had a valid coverage of warranty and the 1^st and 3^rd opposite parties did not honour the warranty. Hence according to the complainant there is deficiency in service warranting award of compensation and costs in addition to the replacement of the original phone with a new one without defects.

3. Notices were issued to the opposite parties and all of them were served in time and they refused to appear to contest the matter. When the matter came up for complainant's evidence the complainant filed a proof affidavit and Exbts. A1 to A7 were marked, in addition to the proof affidavit which supports to the case of the complainant.

4. Following issues were settled for consideration

i. Whether the complainant had proved that there was any deficiency in service on the part of the opposite parties?

ii,Reliefs and costs

4. Issue No. i. The fact that the complainant had purchased the mobile phone for an amount of Rs. 9,000/- manufactured by the 1^st opposite party is proved through Exbt. A1 dated 3^rd March 2015. Exbt. A2 job sheet prepared by the 3^rd opposite party shows that the phone was having the defects of hanging. Exbt. A3 is an Advocate notice issued by the complainant demanding service deficiency and compensation. The lawyer notice was received by all the opposite parties as evidenced by Exbt. A2 postal receipts and Exbt. A5 and A6 postal acknowledgment . Exbt. A7 is the copy of communication made between the complainant and the 1^st opposite party through e-mail. Exbt. A1 to A7 documents would amply prove that the smart phone purchased by the complainant became defective during the period of warranty. The opposite parties were not honouring the warranty provided to the complainant in respect of the mobile phone. We find that there was serious deficiency in service on the part of the opposite parties 1 and 3 in the matter of handing the service issue. We find the point in favour of the complainant, in the absence of evidence to the contrary.

6.Issue No. ii. Having found issue No. i in favour of the complainant we find that the complaint is liable and we direct

1. 1. 1. the 1^st and 3^rd opposite parties to replace a brand new mobile phone to the complainant which carries similar facilities of the phone purchased by him under Exbt. A1 purchase bill within a period of one month from the date of receipt of this order. It is made clear that the substitute will carry warranty for 6 months from the date of handing over to the complainant.

      2. We direct the 1^st opposite party and 3^rd opposite parties to pay compensation of Rs. 5,000/- to the complainant for having suffered mental agony and personal inconvenience in approaching this Forum for the redressal of his grievances. The 1^st and 3^rd opposite party will be jointly and severally liable to pay the compensation as aforesaid.

      3. We find and direct the 1^st and 3^rd opposite parties to pay costs of the proceedings which we estimated at Rs. 2,000/-. The liability to pay the costs is fixed at opposite parties 1 and 3^rd jointly and severally.

The above said order shall be complied with, within a period of one month from the date of receipt of a copy of this order.

Pronounced in the open Forum on this the 24^th day of May 2017

Sd/- Cherian K. Kuriakose, President.

Sd/- Sheen Jose, Member.

Sd/- Beena Kumari V.K. Member.

Forwarded/By Order,

Senior Superintendent.

APPENDIX

Complainants Exhibits

Exbt. A1 : Form 8B

A2 : Job sheet dt. 16-01-2015

A3 : Lawyer notice dt. 2^nd day of April 2016

A4 : postal receipts

A5 : A.D. Card

A6 : Speed post A.D.

A7 : G. Mail

Opposite party's Exhibits: : Nil

Copy of order despatched on :

By Post: By Hand: