IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA. Dated this the 10th day of August, 2010. Present:- Sri. Jacob Stephen (President) Smt. C. Lathika Bhai (Member) Sri. N. Premkumar (Member) C.C. No. 20/2009 (Filed on 11.02.2009) Jeena Susan Jose, Baby Villa, Thukalassery Muri, Thiruvalla Village. .... Complainant. And: 1. The Proprietor, Time ‘N’ Talk, Club 7, Thiruvalla P.O. 2. The Manager, Samsung India Private Ltd., Customer Care, 7th & 8th Floor, IFCI Towers, 61 Nehru Place, New Delhi – 110019. .... Opposite parties. ORDERSri. Jacob Stephen (President): The complainant has filed this complaint against the opposite parties for getting a relief from the Forum. 2. The complainant’s case is as follows: The complainant purchased a Samsung S6H-C170, product serial No.353999/01/508615(6) Mobile Phone from the first opposite party manufactured by the second opposite party on 21.12.2007 by paying Rs.3,439/-. The second opposite party also offered warranty for one year for the said product. While so, the display of the said mobile phone showed defects and later it become defective. The above said defect is due to manufacturing defect. Then the complainant approached the first opposite party several time for rectifying the defects or for the replacement of the defective mobile phone. But the first opposite party neither rectified the defect nor replaced the defective product. 3. As per the warranty offered by the second opposite party, the opposite parties are duty bound to rectify the defects or to replace the defective product as the defect was noted within the warranty period. Thereafter, the complainant issued legal notice to the opposite parties, but they have not responded. The above said act of the opposite parties is a clear deficiency in service. Hence, this complaint for an order directing the opposite parties either to replace the defective mobile phone or to pay back the price of the mobile phone with 12% interest per annum along with compensation of Rs.5,000/- and cost of this proceedings. 4. In this case, the opposite parties have not appeared before this Forum irrespective of the notice issued by this Forum. Hence opposite parties were declared as exparte. 5. On the basis of the pleadings in the complaint, the only point to be considered is whether this complaint can be allowed or not? 6. The evidence of this complaint consists of the proof affidavit of the complainant in lieu of chief examination and Exts.A1 to A5. After closure of evidence, complainant was heard. 7. The Point: In order to prove the complainant’s case, the complainant had filed a proof affidavit narrating his case along with 5 documents. The documents produced by the complainant were marked as Exts.A1 to A5 on the basis of the proof affidavit. Ext.A1 is the original bill dated 21.12.2007 for Rs.3,439/- issued by the first opposite party in the name of the complainant for the sale of the mobile phone. Ext.A2 is the warranty card issued by the first opposite party in connection with the purchase of the mobile phone. Ext.A3 is the office copy of the Advocate Notice dated 29.09.2008 issued in the name of the first and second opposite parties. Ext.A4 is the postal receipts of Ext.A3 notice. Ext.A5 is the postal acknowledgment card of Ext.A3 notice showing the acknowledgment of Ext.A3 notice by the first opposite party. 8. On the basis of the allegations raised by the complainant against the opposite parties, we have perused the entire materials on record and found that the complainant had purchased a Samsung Mobile Phone from the first opposite party, which was manufactured by the second opposite party, which is having a warranty for one year. During the warranty period, the said mobile phone became defective and the complainant approached the first opposite party several time for getting the defective mobile rectified or for replacing the same. The available evidence shows that the opposite parties have not redressed the grievances of the complainant. Since, the opposite are exparte, the allegations against the opposite parties stands proved as unchallenged. Hence we find that the above said act of the opposite parties is a clear deficiency in service and the opposite parties are liable to the complainant for their deficiency in service. Therefore, this complaint can be allowed with cost and compensation. 9. In the result, this complaint is allowed, thereby the first and second opposite parties are directed to replace the complainant’s mobile phone purchased by the complainant as per Ext.A1 receipt along with compensation of Rs.2,500/- and cost of Rs.1,000/- to the complainant within 15 days from the date of receipt of the order, failing which the complainant is allowed to realise the cost of the mobile phone as per Ext.A1 receipt with its interest at the rate of 9% per annum from the date of filing of this complaint along with compensation and cost ordered herein above till this date and thereafter with interest at the rate of 10% per annum for the whole amount. The complainant is also directed to return the defective mobile phone to the first opposite party if opposite parties complied the 1st part of the order of this Forum. Pronounced in the Open Forum on this the 10th day of August, 2010. (Sd/-) Jacob Stephen, (President) Smt. C. Lathika Bhai (Member) : (Sd/-) Sri. N. Premkumar (Member) : (Sd/-) Appendix: Witness examined on the side of the complainant : Nil. Exhibits marked on the side of the complainant : A1 : Original bill dated 21.12.2007 for Rs. 3,439/- issued by the first opposite party in the name of the complainant. A2 : Warranty card issued by the first opposite party in connection with the purchase of the mobile phone. A3 : Photocopy of the Advocate Notice dated 29.09.2008 issued in the name of the first and second opposite parties. A4 : Postal receipts of Ext.A3 notice. A5 : Postal acknowledgment card of Ext.A3 notice. Witness examined on the side of the opposite parties : Nil. Exhibits marked on the side of the opposite parties : Nil. (By Order) Senior Superintendent Copy to:- (1) Jeena Susan Jose, Baby Villa, Thukalassery Muri, Thiruvalla Village. (2) The Proprietor, Time ‘N’ Talk, Club 7, Thiruvalla P.O. (3) The Manager, Samsung India Private Ltd., Customer Care, 7th & 8th Floor, IFCI Towers, 61 Nehru Place, New Delhi – 110019. (4) The Stock File.
| | HONORABLE LathikaBhai, Member | HONORABLE Jacob Stephen, PRESIDENT | HONORABLE N.PremKumar, Member | | 
