IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Saturday the 17th day of March, 2018
Filed on 07.12.2017
Present
1. Smt. Elizabeth George (President)
2. Sri. Antony Xavier (Member)
3. Smt. Jasmine D (Member)
in
CC/No.331/2017
Between
Complainant:- Opposite parties:-
Dittymol Varghese 1. Radio Centre
D/o Cherian Varghese Thevarcad Building
Kaithathara Near Vazhichery Bridge
Chempumpuram.P.O Alappuzha
Alappuzha- 688 505 Pin. 688 001
2. Narayana Telicom
Pulimoottil Trade Centre
Mullackal Alappuzha
3. Asus Private Limited 402
Supreme Chambers
17/18 Sha Industrail Estate
Veera Desai Road
Andheri West 400053
O R D E R
SMT. JASMINE D. (MEMBER)
The case of the complaint in short is as follows:-
Complainant had purchased a mobile phone from the 1st opposite party manufactured by the 3rd opposite party for an amount of Rs. 10,990/- on 2/9/2017. On the date of purchase itself the complainant noticed the defect with regards to the WIFI connection and the complainant entrusted the mobile phone to the 2nd opposite party who is the authorized service centre of the 3rd opposite party to rectify the defect. On 18/9/2017 the 3rd opposite party returned the phone on the next day and informed that they have updated the software. But the defect has not rectified and the complainant entrusted the phone to the 2nd opposite party on the same day itself there after they replaced the mother board. But the same defect persisted and the complainant again on 27/9/2017 approached the 2nd opposite party for rectifying the defect and they have returned the phone on 3/10/17 but the defect has not rectified. There after the complainant approached the 2nd opposite party on 4/10/2017, 5/10/2017 and 6/10/17. There after the representative of the 1st opposite party contacted the complainant and assured that they will replace the mobile phone and complainant entrusted the phone on 26/10/2017. But the opposite party has returned the phone on 1/12/2017. The opposite party failed to replace the phone as assured and also failed to rectify the defect properly. According to the complainant the phone became defective from the date of purchase itself and opposite party failed to rectify the defects the complainant sustained much mental agony and hence filed this complaint.
2. Notice was served to the opposite parties 1,2,3. But they did not appeared before the Forum, opposite parties 1 -3 were set exparte.
3. Complainant filed proof affidavit and documents Ext.A1 and Ext.A2 series were marked. Complainant produced mobile phone before Forum and which was marked as MO1.
4. Considering the allegations of the complainant, the Forum has raised the following issues:-
1) Whether there is any deficiency in service on the part of the opposite parties?
2) Whether the complainant is entitled to get any reliefs?
4. The case of the complainant is that the complainant purchased a mobile phone manufactured by the 3rd opposite party from the 1st opposite party for an amount of Rs. 10,990/- on 2/9/2017. From the date of purchase the complainant noticed that option of “WIFI” is not working, complainant approached the opposite party many times for rectifying the defect but the opposite parties failed to rectify the defect for to replace the phone. Hence filed this complaint.
Complainant filed proof affidavit Ext.A1 and Ext.A2series were marked. Ext.A1 is the copy of invoice dated 2/09/2017. From this it can be seen that complainant purchased ASSUS ZENFONE 3 max5.2 mobile phone on 2/9/2017 an amount of Rs. 10,990/-. Ext.A2 series are the service details which shows that complainant approached the opposite parties many times during the warranty period for rectifying the defect. The specific case of the complainant is that the Wi-fi of the said phone is not working from the date of purchase itself. The time and again the complainant approached the opposite parties for getting it repaired but the opposite parties failed to rectify the defect or to replace the product. Since the opposite parties failed to rectify the defect which arose within the warranty period they have committed deficiency in service. So the complainant is entitled to get the relief. The opposite parties are jointly and severally liable for the same and are liable to compensate the complainant for the mental agony and inconvenience caused to her. So the complaint is to be allowed.
In the result the complaint is allowed. The opposite parties are directed to pay an amount of Rs. 10,990/-(Rupees Ten thousand nine hundred and ninety only) to the complainant. The Opposite parties are further directed to pay an amount of Rs.2000/- (Rupees Two thousand only) towards compensation and Rs. 500/- (Rupees Five hundred only) towards cost. The order shall be complied within one month from the date of the receipt of this order, failing which the amount shall carry interest @ 9% per annum of Rs. 10,900/- form the date of order till realization. On compliance of the order the opposite parties can collect MO1 from the office of the Forum.
Dictated to the Confidential Assistant, transcribed by him corrected by me and pronounced in open Forum on this the 17th day of March, 2018.
Sd/-Smt. Jasmine.D. (Member) : .
Sd/-Smt. Elizabeth George (President):
Sd/-Sri. Antony Xavier (Member) :
Appendix:-
Evidence of the complainant:-
Ext.A1 - Copy of Retail invoice dtd. 2/09/2017
Ext.A2 Series - Copy of the Job sheet.
Ext.MO1 - Mobile phone.
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite party/S.F.
Typed by:- br/-
Compared by:-
