Date of Filing                      : 08-08-2008

                                                            Date of Order            : 17-07-2009

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                                C.C.No.135/08

                                    Dated this, the 17^th day of July 2009.

PRESENT

SRI.K.T.SIDHIQ                                            : PRESIDENT

SMT.P.RAMADEVI                                                : MEMBER

SMT.P.P.SHYMALADEVI                          : MEMBER

T.M.Jamaluddin,

S/o.T.U.Muhammede Haji,

K.K. Enterprices, T.T. Corner,

Kundamkuzhi,Po. Kasaragod.                            } Complainant

(Adv. Sakeena.M.C, Kasaragod)

1. The Proprietor,

     Classic Systems and Devices,

     Classic Arcade, Vidyanagar.Po,

     Kasaragod.

2. Linkwell Telesystems(P) Ltd,                         } Opposite parties

    1-11-252/1/A, Gowra Klssic,

    Hydrabad, 500016, Andhra Pradesh.

(Adv. C.Mohanan, Kasaragod)

                                                                        O R D E R

SRI.K.T.SIDHIQ, PRESIDENT

            In brief:

            The case of Jamaluddin is that the GSM coin phone he purchased on 16-11-07 for Rs.4,732/- from opposite party No.1 manufactured by opposite party No.2 became defective within it’s warranty period of one year.  Though it was intimated, opposite party No.1 did not care to rectify the defects. As against the lawyer notice caused demanding the repair of phone opposite party No.1 in their reply instructed the complainant to bring the phone to his shop for repair but when the complainant took the coin phone to the shop of opposite party No.1 for repair, Opposite party No.1 insulted and humiliated him.  Therefore the complaint. 

2.         The opposite parties filed version.  According to opposite parties they are ready to service the telephone and which was communicated to the complainant over telephone several times but complainant took negative approach from the beginning.  To the lawyer notice issued on behalf of the complainant a reply was issued through lawyer and it was stated in the reply that they are ready and willing as per warranty and requested to bring the faulty phone to the service center.  Complainant’s intention behind the complaint is only to harass and make loss to the opposite parties and also  unlawful gain.  The opposite parties therefore prays for a dismissal of the complaint.

3.         The complainant filed affidavit as PW1 and Exts A1 to A5 marked.  He faced cross examination by the counsel for the complainant.  Opposite party No.1 filed counter affidavit as DW1 and Exts B1 to B3 marked.  Opposite party No.1 cross examined by counsel for complainant.  Both sides heard and the documents perused.

4.         Ext.A1 is the purchase bill of the GSM coin phone.  Ext.A2 is  the users manual with warranty.  As per the warranty the pay phone is warranted for a period of 12 months from the date of sale against manufacturing defects. So the defect is occurred within the warranty period.  Opposite party No.1 being the dealer and front man in respect of the sale of coin phone is duty bound to make arrangements for the repair of the phone.  The case of opposite party No.1 that the complainant never brought the coin phone for repair to his shop is not believable.  Opposite party No.1 also took a contention in his affidavit that when service personnel visited the house of the complainant he did not even show the instrument.  The attempt of the opposite parties are to evade the liability of providing service to the complainant which they are legally liable to provide.  The act of Opposite parties amounts to unfair trade practice and deficiency in service.

            Therefore the complaint is allowed and opposite parties are jointly and severally directed to replace the GSM coin phone with a similar defect free pay phone and to pay a cost of Rs.2500/-.  In case of any inability to replace the phone, then the opposite parties shall pay Rs.4,730/- to the complainant with interest @ 9% from the date of complaint till payment with the cost aforementioned.  The opposite parties can take back the coin phone installed in the shop of the complainant in as is where is condition after payment of the said amount.  Time for compliance is limited to 30 days from the date of receipt of copy of order.

       Sd/-                                              Sd/-                                                  Sd/-

MEMBER                                           MEMBER                                           PRESIDENT

Exts.

A1.16-11-07 Cash bill

A2. User’s Manual

A3. 22-06-08 Copy of lawyer notice.

A4. Acknowledgement card

A5. 2-7-08. Reply notice.

B1. 2-7-08 copy of reply notice.

B2. 22-7-08 another reply notice.

B3. User’s Manual

PW1. T.M.Jamludeen

DW1.Basheer.

     Sd/-                                                Sd/-                                                 Sd/-

MEMBER                                           MEMBER                                           PRESIDENT

Pj/                                                                                Forwarded by order

                                                                           SENIOR SUPERINTENDENT