CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD

Dated this the 28^th day of September, 2015

PRESENT :  SMT. SHINY.P.R, PRESIDENT

               :  SMT. SUMA. K.P, MEMBER                      Date  of filing : 19/07/2014

CC /105/2014

Nidhin

S/o.Mohandas,

Edathara House,                                            :        Complainant

Minukumpara, Muthalamada Post,

Chittur, Palakkad, Pin.678 507

(By Adv.P.C.Sivadas)        

                                                          Vs

1. Proprietor,

    Thanal Mobiles, 

    Palakkad Road, Kollengode.

    (By Adv.S.Vinod)                                        :        Opposite parties

2. Manager,

    M/s.Vega Electrnonics,   

    Door No. 15/689-1, “Suprabha”,                          

    Coimbatore Road, Kunnathurmedu,

    Palakkad.

3. Manager,

    Lava International Ltd.A-56,

    Sector 64, Noida, Uttarpradesh 201 301

O R D E R

By Smt. Suma. K.P, Member,

The case of the complainant is that   on 12/03/2014 he had purchased a mobile phone EAN No.890603788315412 GH2 Android 3G Support, for an amount of Rs.9,499/- .  The phone was manufactured by 3^rd opposite party and it was purchased through 1^st opposite party and 2^nd opposite party is the authorized service centre.  The phone has the warranty period of 1 year.  The complainant alleges that within a few days of its use, its started to show error in functioning.  During April 2014, it was serviced with the 2^nd opposite party.  But the error continued and the complainant approached 2^nd opposite party again during the month of June 2014.  But the personnel at the 2^nd opposite party misbehaved towards the complainant and directed the complainant to contact the company customer care phone number.  When the complainant try to contact the customer care number of the 3^rd opposite party they did not cared to give proper service.  Hence this complaint.

The notice was issued to the opposite parties for appearance. 1^st opposite party alone appeared  inspite of accepting notice from the Forum.   Hence Opposite parties 2 and 3 called and set exparte.  1^st opposite party filed version admitting the defects but denied the liability. They contented that the complainant had purchased the phone for an amount of Rs.7,400/- instead of Rs.9,499/- as stated in the complaint.

Complainant filed chief affidavit along with application for appointment of expert commissioner. Application was allowed. But no expert was available.  Hence complainant filed IA-150/15 seeking permission to examine himself.  Since no counter was filed, application was allowed.  Complainant was examined in chief as PW1.  Ext.A1 and MO1 was marked from the part of the complainant.  No affidavit was filed from the part of the 1^st opposite party.  The evidence was closed and the matter was heard.

The following issues are to be considered.

1. Whether there is any deficiency of service from the part of opposite

Parties?

2. If so, what are the reliefs and costs?

 ISSUES 1 & 2

Complainant had produced the purchase bill issued by 1^st opposite party which was marked as Ext.A1.  It is obvious from Ext.A1 that he had paid Rs.7,499/-.   The complainant was examined as PW1 and he had explained the defect of the phone.  He had also stated in the complaint that he is not interested in exchange or replacement of a new phone for the defective one.  There is no challenge on the side of the opposite parties regarding the manufacturing defect alleged in the complaint.   Since there is no contradictory evidence to disprove the case of the complainant we are inclined to allow the complaint. Hence the complaint is allowed.

We direct the opposite parties  to refund the amount of Rs.7,499/- (Rupees Seven thousand four hundred and ninety nine only) paid towards the sale consideration along with Rs.2,000/- (Rupees Two thousand only) to the complainant as compensation for the mental agony suffered by the complainant.  We also direct the opposite parties to pay Rs.1,000/- (Rupees One thousand only)  towards cost of this proceedings.  The afore said amount shall be paid within 1 month from the date of receipt of this order failing which the complainant is entitled to get 9% interest for the said amount from the date of order till realization. 

Pronounced in the open court on this the 28^th  day of September, 2015.

                                                                   Sd/-  

                                                                   Smt. Shiny.P.R

                                                                     President

                                                                       Sd/-                                                                                                                     Smt. Suma. K.P

                                                                       Member

A P P E N D I X

Exhibits marked on the side of complainant

Ext.A1- Original Cash Bill No.9413, Rs.7,499/- dtd. 12/03/2014 issued Thanal Mobiles to the complainant.

MO1 -     Mobile Phone

Exhibits marked on the side of opposite party

Nil

Witness marked on the side of complainant

PW1-Nidhin.E.M     

Witness examined on the side of opposite parties

Nil

Cost Allowed

Rs.1,000/- as  cost.