Tamil Nadu

StateCommission

A/553/2022

Roobika priority mobiles - Complainant(s)

Versus

R.Rajendran & anr - Opp.Party(s)

V.geetha rani

25 Apr 2023

ORDER

IN THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI.

 

Present:   Hon’ble THIRU JUSTICE R. SUBBIAH  : PRESIDENT

                 THIRU R  VENKATESAPERUMAL          :    MEMBER

 

F.A. No. 553 of 2022

(Against the order passed in C.C. No.05 of 2019 dated 29.07.2022 on the file of the D.C.D.R.C., Coimbatore)

 

Thursday, the 25^th day of April 2023

 

Roobika Priority Mobiles,

Represented by its Authorised Signatory,

No.96, 100 Feet Road,

Gandhipuram,

Coimbatore – 641 012.                   .. Appellant /1^st Opposite party.

- Vs –

1. Mr. R. Rajendran,

No.17/992, Opp. BSNL / Head Post Office,

Sulthanpet,

Palakkad – 678 001.                    .. 1^st Respondent/ Complainant.

 

2. Madura Check,

Represented by its Authorised Signatory,

Authorised Techno. Service Centre,

Nos.458 & 463, Dr. Rajendra Prasad,

100 Feet Road,

Coimbatore – 641 012.      .. 2^nd Respondent / 2^nd Opposite party.

 

Counsel for Appellant /1^st Opposite party     : M/s. V. Geetha Rani

1^st Respondent / Complainant                     : Party-in-person

 

                                                               

                The 1^st Respondent as complainant had filed a complaint before the District Commission against the opposite parties praying for certain directions. The District Commission had passed an ex-parte order, allowing the complaint. Against the said ex-parte order, this appeal is preferred by the 1^st Opposite party praying to set aside the order of the District Commission dt. 29.07.2022 in C.C. No.05/2019.

 

                This petition came before us for hearing finally, today and upon hearing the arguments of the counsels appearing for the Appellant, perusing the documents, lower court records and the order passed by the District Commission, this Commission made the following order in the open court.

ORDER

 

JUSTICE R. SUBBIAH ,  PRESIDENT  (Open court)

 

        1.  The 1^st opposite party before the District Commission is the appellant herein.

 

        2. The case of the complainant before the District Commission is that he purchased a Techno 15 Pro mobile from Roobika Priority Mobiles, Gandhipuram, Coimbatore vide invoice No.82100 dt.04.11.2017.  The payment for the purchase was effected through gift card.  The retailer at the time of purchase, informed the complainant that the mobile is a new arrival with good performance and made the complainant to believe that in case if any problem develops in the mobile phone, he can approach the retailer and they will facilitate for resolving the problem of the mobile set.   While so, the mobile set developed problem in the month of July 2018.  The complainant approached the retailer Roobika Priority Mobiles, the 1^st respondent herein but the 1^st respondent did not care to resolve the problem in the mobile set.  On 04.08.2018, the complainant deputed his representative, Mr. Anand from Palakkad to the retailers shop.   But the retailer was not ready to hear him and the staff of the 1^st opposite party also behaved in a indifferent manner.

3.     The representative of the complainant Mr. Anand visited the retailer 10 times from Palakkad with regard to the problem in the mobile phone.  But the retailer has not only come forward to resolve the problem but he had also behaved with the staff of the complainant in an arrogant manner.   Finally with great difficulty, the representative of the complainant obtained the address of the Service Centre from other source.  The Service Centre accepted the set on 10.08.2018.  The Service Centre issued death on arrival certificate with the mobile kit pack and instructed the complainant’s representative Mr. Anand to handover the same to the retailer M/s. Roorbika Priority Mobiles to get it replaced with invoice.  The retailer after verifying the DOA Certificate and kit informed him  that the mobile charger is missing and demanded a sum of Rs.300/- stating that the complainant can choose another set for the same value, as Techno 15 Pro is not available with him on 30.08.2018.  When the said, Mr. Anand visited the retailer, the next day with the kit packed with charger and DOA Certificate, he behaved with him in an arrogant manner.  This act of the opposite parties caused great mental agony.  Hence, the complainant has filed this complaint claiming an amount of Rs.3,000/- towards conveyance expenses incurred by his representative from Palakkad to Coimbatore and back and Rs.20,000/- towards compensation for mental agony with cost.

4.     Though the Appellant/ 1^st opposite party filed written version but subsequently failed to file proof affidavit before the District Commission and hence, the 1^st opposite party was set ex-parte.  Consequently, the District Commission passed an ex-parte order directing the 1^st opposite party to pay a sum of Rs.7,000/- towards compensation for mental agony with cost of Rs.3,000/- to the complainant.

 5.    Aggrieved over the said order, this appeal is preferred by the 1^st opposite party praying for setting aside the order and for a chance to contest the case on merits. 

 

 6.    Before this commission, the counsel for the appellant/1^st opposite party submitted that the Learned District Commission failed to see that the 1^st respondent purchased the phone on 04.11.2017, the complaint is preferred by the 1^st respondent ulmost after a year from the date of purchase.   Further, the phone set was tested as Death on arrival and therefore, there is a manufacturing defect in the said phone.  But the complainant has not impleaded the manufacturer as a party in the complaint.  The complaint ought to have been dismissed due to the non-joinder of the necessary party.   Therefore, the 1^st opposite party has a good case on merits.  Therefore, the 1^st opposite party sought to set aside the order of the District Commission and prayed for an opportunity to contest the case on merits.

 

7. When the case had come up before this Commission on 10.04.2023, after hearing the submission of the appellant, this Commission had felt that there is some force in the arguments of the counsel for the appellant/1^st opposite party and therefore, in order to give a chance to the 1^st opposite party to agitate their right on merits, was inclined to allow this appeal by remanding the matter to the District Commission, to dispose of the case on merit.   However, considering the lethargic attitude of the 1^st opposite party in not appearing before the District Commission, we imposed a cost of Rs.3000/- to be paid to the Legal Aid Account of the State Commission on or before 24.04.2023. Today, when the matter appeared in the list it was reported that the condition imposed by this Commission has been complied with.    Hence, this appeal is allowed today by remanding back the complaint to the District Commission for fresh disposal according to law. The main complaint as against the 2^nd opposite party is dismissed.

8. In the result, the appeal is allowed by setting aside the order of the District Commission, Coimbatore in C.C. No.05/2019 dt.29.07.2022, and the matter is remanded back to the District Commission, Coimbatore for fresh disposal according to law and on merits.

        The appellant / 1^st opposite party and 1^st respondent / complainant are directed to appear before the District Commission, Coimbatore on 25.05.2023, for taking further instructions.  On which date itself, the 1^st opposite party shall file his proof affidavit and documents if any. The District Commission is directed to dispose of the complaint, within three months from the date of appearance, according to law and on merits.  

        The amount deposited by the appellant/ 1^st opposite party, shall remain in the custody of this commission, till the disposal of the original complaint.

 

 

 

 

   R  VENKATESAPERUMAL                                                                                                              R. SUBBIAH

                 MEMBER                                                                                                                                PRESIDENT

 

 

Index :  Yes/ No

 

 

KIR/SCDRC/Chennai/Orders/April/2023