Tamil Nadu

South Chennai

CC/151/2013

N.Ramakrishna Singh - Complainant(s)

Versus

Poorvika Mobiles pvt Ltd, - Opp.Party(s)

A.Parthiban & others

14 Feb 2022

ORDER

                                                                             Date of Complaint Filed: 07.12.2012

                                                                                                                                         Date of Reservation     : 21.01.2022

                                                                                                                                        Date of Order              : 14.02.2022

                                                                     

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

Present:                       Thiru. R.V.R. Deenadayalan, B.A., B.L.           : President

                                      Thiru. T. Vinodh Kumar, B.A., B.L.                  : Member

CONSUMER COMPLAINT No.151/2013

MONDAY, THE 14^th DAY OF FEBURARY 2022

N. Ramakrishna Singh,

S/O. Narayan Singh,

No.64/137, Sanjeevirayon Koil Street,

Oldwashermenpet,

Chennai-21.                                                                                                                                 .. Complainant                                      

..Versus..

1.The Proprietor,

   Poorvika Mobiles Pvt Limited,

   Head Office,

   No.30 Arcot Road (Opp Meenakshi College),

   Kodambakkam,

   Chennai 24.

 

2.The Manager,

   Poorvika Mobiles Pvt Limited

   No.525, T.H. Road,

   Old Washermenpet

   Chennai 21.                                                                                                                                       ..  Opposite Parties

******

Counsel for the complainant        : M/s. T.E. Ekambaram

Counsel for the opposite parties   : M/s. S.Muthu Selvan

 

        On perusal of records and after having heard the oral arguments of both  we delivered the following:

ORDER

Pronounced by the President Thiru. R.V.R. Deenadayalan, B.A.,B.L.

1. The complainant has filed this complaint as against the opposite parties 1 & 2 under section 12 of the Consumer Protection Act, 1986 and prays to replace the newmobile and to pay compensation of Rs.50,000/- for the loss and injury suffered by complainant due to negligence of the respondent and to pay cost of the complaint.

2.     The complainant submitted his Proof Affidavit and on the side of the complainant, documents Ex.A1 to Ex.A6 are marked. The complainant has  filed the written argument. The opposite party has submitted his version, proof affidavit. Written arguments of opposite parties was not filed and closed and no document on the side of the opposite parties was marked.

3.      The averments of the complaint in brief are as follows:-

        The complainant has purchased a Samsung C 37 52 Mobile Phone from the second opposite party for Rs.4,800/- on 22.12.2011. After purchase the said Mobile Phone has got some technical fault, on and off switch are not worked properly within a short period. The complainant had approached the second opposite party to rectify the defects. The second opposite party is directed to the complainant to go and approach the service centre, who is MRGM Agencies situated at No.645, TH Road, Chennai-19. Accordingly,  the complainant approached the Service Centre and handed over the Mobile for rectification of defects. Even after the rectification the same defect was continuously appeared. The complainant has approached the Service Centre nearly four times. But the defect was not rectified. Finally, the complainant had approached the first opposite party. The first opposite party directed the complainant to hand over the Mobile to the second opposite party and lastly, find out that the motherboard has been damaged. But the second opposite party has not rectified the same and kept the mobile with him. Still the Mobile is with  second opposite party. Hence the complainant sent notice to the first and second opposite party and demanded to rectify the Mobile Phone immediately along with compensation of Rs.50,000/-. The same was acknowledged by the opposite parties and they have not settled  the matter and not replied the same. Hence the complaint is filed.

4.      Written Version of Opposite Parties in Brief:   

It is admitted that the complainant had purchased the above Mobile Phone on 22.12.2011. At the time of purchasing the Mobile there is no defect was found and also functioned in a proper manner. The complainant also used several months. At the time of purchasing the Mobile Phone, complainant was informed  if any defect found in the Mobile Phone he can approach the respective company service centre and also provided warranty card with mobile accessories.  The opposite parties are  only a dealer of the respective mobile company. In the welfare of the consumer, opposite party company staff has approached the service centre and the service centre send feedback to him as the problem was rectified. The same was informed to the complainant on several times but the complainant does not come forward to get back the mobile phone. Hence it is requested to dismiss the complaint.

5.      The Points for consideration are:-

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

2.Whether the complaint is entitled to get the reliefs as claimed in the complaint ?

3.To what relief the complainant is entitled to?

6.          Point No.1

        On perusal of records,  it is found that the complainant has purchased the Mobile Phone from the second opposite party on 22.12.2011 for Rs.4800/- . As per Ex.A2 & Ex.A3  it is  found that the Mobile has got restart problem and for that  it was handed over to the second opposite party. It is also an admitted fact that the Mobile Phone has kept by the second opposite party till this day. Thereafter complainant send a notice through his Advocate on 10.05.2012 demanded the Mobile Phone after rectification of defects. Even thereafter the second opposite party has not come forward to hand over the Mobile Phone to the complainant after rectifying the defects. Hence we found that the opposite parties have committed deficiency in service on their part. Accordingly point No.1 is answered.

7.       Point Nos. 2 & 3

        We have discussed and decided the opposite party had committed deficiency in service on their part. Therefore the opposite parties shall pay a sum of Rs.4,800/- towards the cost of the Mobile Phone. Further, the opposite parties shall pay a sum of Rs.5000/- towards the deficiency in service committed as against the complainant and also for the mental agony caused to the complainant along with cost of Rs.5000/-. Accordingly, point Nos 2 & 3 are answered.    

          In the result this complaint is allowed in part. The opposite parties are directed to pay  a sum of Rs.4,800/-towards the value of the Mobile Phone and to pay a sum of Rs.5000/- towards compensation for the deficiency in service committed by them and also the mental agony caused to the complainant. Further it is directed to pay a sum of Rs.5000/- towards litigation expenses.

          The opposite parties one and two are jointly and severally shall pay the above accrued amounts within three months from the date of this order, failing which the complainant is entitled to recover the same along with interest @ 9% per annum from the date of this order to till the date of realisation.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on this  the  14^th  day of February  2022.

 

T.VINODHKUMAR                                              R.V.R.DEENADAYALAN                                                                              

      MEMBER                                                                    PRESIDENT

List of documents filed on the side of the complainant:

Ex.A1	22.12.2012	Invoice cum delivery challan
Ex.A2	07.04.2012	Customer Mobile Service Collection Sheet (002004)
Ex.A3	07.04.2012	Customer Mobile Service Collection Sheet (002001)
Ex.A4	10.05.2012	Complainant sent legal notice to the Respondent 1 and 2
Ex.A5	11.05.2012	Acknowledgement card received through Department of Post, Egmore, as settlement letter.
Ex.A6	11.05.2012	Acknowledgement card received through Department of Post, Egmore, as settlement letter.

 

List of documents filed on the side of the Opposite parties: Nil

 

 

T.VINODHKUMAR                                            R.V.R.DEENADAYALAN                                                                              

      MEMBER                                                                PRESIDENT