IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOLLAM
Dated this the 29th day of July 2019
Present: - Sri. E.M.Muhammed Ibrahim, B.A, LL.M. President
Smt. S.Sandhya Rani,Bsc, LL.B ,Member
CC.No.15/19
Avinash.P.S : Complainant
Palleenazhikathu Veedu
Mannadi P.O,Pathanamthitta-691530
V/s
Proprietor/Managing Director
G.Cell (M.I Authorized Service Centre)
M.K.Building,Vadayattukotta, Mill road
Kollam-691001
FAIR ORDER
E.M.MUHAMMED IBRAHIM , President
This is a consumer complaint filed under Section 12 of the Consumer Protection Act. The averments in the complaint in short are as follows:-
On 10.03.18 the complainant purchased one Redmi Y1 Lite Gold(16 GB) mobile phone from Flipkart as per invoice No.#FABNXF1800000754 that the complainant entrusted the said mobile phone for servicing to the opposite party on 26.12.18. The opposite party obtained Rs.118/- by claiming that he has verified the mobile phone when it was covered by warranty issued by the company for 1 year from the date of purchase . After verification of the mobile phone the opposite party informed that the software of the mobile phone has been damaged. After some time he informed that the phone has become bent. But the mobile phone has not been fallen down from the possession of the complainant and there is no chance of those becoming bent. When that fact was informed the opposite party attempted to manhandled him and also threatened him. Hence he file a
2
complaint before East Police Station, Kollam. The opposite party without considering the fact that the mobile phone is covered by warranty directed him to pay Rs.3686.82. That the complainant has used the mobile phone till 8 pm on 25.12.18. But when he was using the mobile phone it has become off and hence he entrusted the same at the opposite party service centre. The complainant has intimated regarding the warranty of the product and thereupon the manufacturer company informed him that he need not pay any service charge during warranty period. In the circumstances he is entitled to get the mobile phone repaired under the warranty cover and also get back Rs.118/- charged by the opposite party obtained as charge for the verification of the phone. According to the complainant he has sustained much mental agony apart from loss of money and time on account of the above act of the opposite party. Hence he is also entitled to get compensation also from the opposite party.
Though notice was served, the opposite party remained absent and hence he was set exparte. Exparte evidence was recorded. Complainant filed proof affidavit by re-iterating the averments in the complaint and got marked Ext.P1 to P6 document.
Heard the complainant and perused the records.
Ext.P1 is the notice issued by the complainant directing the opposite party to return the mobile phone after getting it repaired under the cover of warranty failing which he will be constrained to approach the Consumer Forum. Ext.P2 series is the postal receipt and postal acknowledgement card evidence the sending and receipt of the notice. Ext.P3 is the service order in respect of the mobile phone belongs to the complainant. Ext.P4 is the tax invoice issued by the opposite party by realizing the service charge. Ext.P5 is the invoice issued by Flipkart while selling the mobile phone in favor of the complainant. Ext.P6 is the service record.
3
The unchallenged averments in the affidavit coupled with Ext.P1 to P6 documents would establish that the complainant has purchased the disputed mobile phone from Flipkart as per Ext.P5 invoice for Rs.7999/-. It is stated in Ext.P6 that the product is covered with brand warranty of 1 year for mobile and 6 months for accessories. It is clear from Ext.P5 that the Flipkart has sold the mobile phone to the complainant on 19.03.18. Therefore it is crystal clear that the mobile phone is having warranty up to 18.03.19. Ext.P4 tax invoice and P6 service record would indicate that the complainant has entrusted the mobile phone to the opposite party on 26.12.18 and on that day the opposite party as per Ext.P4 tax invoice has realize Rs.118/- as inspection charge. On the same day the opposite party has issued Ext.P6 service record stating that Power on fault mobile phone bend out of warranty. Why it is out of warranty is not stated. The complainant has categorically sworn that he has used the mobile phone properly and it has never fallen down from his hand. It is further to be pointed out in Ext.P6 service record has been issued on 26.12.18 which is within the warranty period. In the circumstance the opposite party is not expected to state that it is out of warranty, without specifically assigning the reason why it is out of warranty, especially when defect has occurred within the warranty period. Ext.P3 is the service order which is also dated 26.12.18 issued by the opposite party where in also it is stated that the fault description is power on fault. In view of the materials discussed above it is crystal clear that the complainant who purchased the mobile phone from Flipkart has entrusted the same to the opposite party which is authorized service centre of the said company as it has become defective not due to the fault of the complainant. But the opposite party has insisted payment of service charges and also realized inspection charge of Rs.118/-. According to the complainant the mobile phone is with the opposite party and the opposite party has not returned the
4
same without paying the service charges. As the hand set has become defective within the warranty period and the defect appears to be the manufacturing defect the opposite party is liable to get it repaired under the cover of warranty. In the circumstance the complaint is only to be allowed.
In the result the complaint stands allowed directing the opposite party to cure the defect of the mobile hand set under the cover of warranty and return the same along with Rs.118/- realized from the complainant as inspection charge to the complainant within 15 days from today . The opposite party is also directed to pay Rs.5000/- as compensation to the complainant for the mental agony and loss of time and money to the complainant failing which the complainant is at liberty to recover the value of mobile phone for Rs.7999/- along with Rs.5000/- and compensation and inspection charge of Rs.118/- realized from the complainant with interest at the rate of 12% per annum and costs Rs.2000/- from the opposite party and its assets.
Dictated to the Confidential Assistant Smt. Deepa.S transcribed and typed by her corrected by me and pronounced in the Open Forum on this the 29th day of July 2019.
E.M.Muhammed Ibrahim:Sd/-
S.Sandhya Rani:Sd/-
Forwarded/by Order
Senior Superintendent
INDEX
Documents marked for the complainant
Ext.P1 : Copy of notice issued by the complainant
Ext.P2 Series : Copy of Postal receipt and Acknowledgement
Ext.P3 : Copy of service order
Ext.P4 : Copy of tax invoice
Ext.P5 : Copy of invoice issued by Flipkart
Ext.P6 : Copy of service record
E.M.Muhammed Ibrahim:Sd/-
S.Sandhya Rani:Sd/-
Forwarded/by Order
Senior Superintendent
