Andhra Pradesh

Visakhapatnam-II

CC/244/2014

Nagadevara Venkata Subba Rao - Complainant(s)

Versus

Raj Mobile - Opp.Party(s)

Nagadevara Venkata Subba Rao, INPERSON

05 Nov 2014

ORDER

                                              Date of Registration of the Complaint:05-08-2014

                                                                                                Date of Order:05-11-2014

BEFORE THE DISTRICT CONSUMERS FORUM-II AT

                             VISAKHAPATNAM

 

P  r  e  s  e  n  t:

1.  Sri H. Ananda Rao, M.A., L.L.B.,

     President           

2. Smt K. Saroja, M.A. B.L.,

     Lady Member 

                                3. Sri C.V. Rao,  M.A., B.L.,

                                     Male Member

 

                          Wednesday, the 5^th day of November, 2014.

                                 CONSUMER CASE No.244/2014

Between:-

Sri Nagadevara Venkata Subba Rao,

Son of Nagabhusana Naidu, Hindu, aged

51 years, resident of Somesaram Village,

Rayavaram Mandal, East Godavari District.

….. Complainant

And:-

1.Raj Mobile Authorized Sale and Services of

   Mobile Phones, rep. by its Proprietor,

   Shop No.5, Ratnaveni Complex, Dwarakanagar,

   Visakhapatnam.

2.Ensure Support Services India Ltd.,

   Authorized Service Centre, rep. by its

   Authorized Signatory, G-7, Kuppili Apartments,

   Dwarakanagar, Visakhapatnam.

                                                                                     …  Opposite Parties        

                     

          This case coming on22.09.2014 for final hearing before us in the presence of Sri N.V. Subba Rao,  appeared inperson for the Complainant and the Opposite Parties being exparte and having stood over till this date for consideration, this Forum made the following:

 

                                                ORDER

          (As per Sri C. V. Rao, Honourable Male Member, on behalf of the Bench)

 

1.       The Complainant asks the Forum to pass an award in his favour and against the Opposite Parties: a) to direct the Opposite Parties to replace a new mobile phone in place of defective one or refund the amount of Rs.2,150/- (Rupees Two thousand One hundred and fifty only) with interest at 18% p.a. from the date of purchase i.e., 27.06.2014 till the date of payment; b) to pay a sum of Rs.50,000/- towards the damages for the gross deficiency of service caused by the Opposite Parties; c) to pay a sum of Rs.5,000/- towards expenses and litigation charges; d) for such other relief or reliefs as the Forum deems fit and proper in the case.

 

2.     The Opposite Parties 1 and 2 did not resist the claim of the Complainant as they were exparte and remained set exparte.

 

 3.      The case of the Complainant, as can be seen from the Complaint, is that the 1^st Opposite Party is the firm selling Mobile phones of all companies having its office at Dwarakanagar, Visakhapatnam and the 2^nd Opposite Party is its Authorized Service Centre, rep. by its Authorized signatory having office at Visakhapatnam.   The Complainant stated that for his personal use he purchased a Mobile phone i.e., Model ZTE D 286 IMEI No.A10000239A25C14 for a sum of Rs.2,150/- and the 1^st Opposite Party passed cash receipt in favour of the Complainant vide Receipt No.30 dated 27.06.2014.     Subsequently, after 10 days from the date of purchase the said instrument used to give troubles and was not functioning of any incoming and outgoing calls.     Immediately, the Complainant approached the 1^st Opposite Party and informed him about the said defect.   The 1^st Opposite Party directed the Complainant to approach the 2^nd Opposite Party service centre for its rectification.    Accordingly, the Complainant approached the 2^nd Opposite Party requested to rectify the defects, but the 2^nd Opposite Party having verified the same, requested the Complainant to come in the second week of July, 2014 to enable them to get some parts to repair the mobile phone.   Accordingly, the Complainant on 15.07.2014 approached the 2^nd Opposite Party and also handed over the mobile phone.  The 2^nd Opposite Party issued Customer Unit Receipt and subsequently did not rectify the defects and was postponing the same, on one pretext or the other.   Inspite of repeated requests made by the Complainant through telephone and personally from time to time the Opposite Parties put the Complainant to suffer both mentally and physically.   The Complainant stated that he had been requesting the Opposite Parties personally and through telephone to rectify the defects but the Opposite Parties did not respond or rectify the defects of cell phone, all these days they used to give evasive replies.  On the other hand, the Opposite Parties officials threatened the Complainant with dire consequences, abused him in filthy language, which words cannot be put on a paper and thus insulted him mentally and also threatened him to report the matter to whomsoever he likes and failed to consider the request of the Complainant and thus put the Complainant to suffer both mentally, physically and financially also.    Thus, the Opposite Parties committed gross deficiency of service towards the Complainant, and are liable for payment of damages to the Complainant.    The Complainant further stated that on account of deficiency in service on the part of the Opposite Parties, he suffered great mental agony and on account of illegal and high handed acts of the Opposite Parties, the Complainant lost his reputation, image and respect in the eye of society, incurred huge amount of loss, besides suffered great mental agony and pain and the Complainant having no other go, approached this Forum for his reliefs.   Hence, this Complaint.

 

3.       The Complainant filed an affidavit, besides written arguments to support his claim.   Exs.A1 and A2 are marked for the Complainant.

 

4.       The matter has been heard on behalf of the Complainant.

 

5.       After careful perusal of the case record, this Forum finds that the Complainant purchased the mobile phone in question on 27.06.2014 by paying Rs.2,150/- to the 1^st Opposite Party.    Within days the mobile phone was suffering from “no coming, and outgoing calls” and it was promptly given for repair to the Authorized Service Centre i.e., the 2^nd Opposite Party on 15.07.2014.    It is a fact that to date the said mobile phone was not returned to the Complainant.    As such, the 1^st Opposite Party is liable as it sold a mobile phone which was not working to the Complainant and the 2^nd Opposite Party is liable, as it neither repaired the said mobile phone nor returned it back to the Complainant.   As all this happened within 20 days from the date of purchase of the said mobile phone, it is as clear as daylight that there is outright deficiency of service-cum- unfaire trade practice on the part of the Opposite Parties 1 and 2.   The Complainant is entitled to get back the purchase price of the mobile phone i.e., Rs.2,150/- with interest from the date of purchase till the date of actual realization.   As the outright deficiency of service-cum-unfaire trade practice on the part of the Opposite Parties should have caused much physical hardship and mental agony, besides financial loss to the Complainant, he is entitled to suitable compensation also.    As the Complainant is forced to file this Compliant because of the deficiency of service-cum-unfaire trade practice on the part of the Opposite Parties, he is entitled to costs of this Complaint too.

 

6.       In the result, this Forum directs the Opposite Parties 1 and 2: a) to refund Rs.2,150/- (Rupees two thousand one hundred and fifty only) with interest @ 9% p.a. from 27.06.2014 till the date of actual realization, and to pay 2) a compensation of Rs.1,000/- (Rupees One thousand only) and c) Costs of Rs.500/- (Rupees Five hundred only) to the Complainant.    Time for compliance, one month.

     Dictated to the Steno, transcribed by him, corrected and pronounced by us in the Open Forum, this the 5^th day of November, 2014.

 

Sd/-                                                                                Sd/-

President                                                                        Male Member

 

 

                             APPENDIX OF EVIDENCE

For the Complainant:-

NO.	DATE	DESCRIPTIONOFTHEDOCUMENTS	REMARKS
Ex.A1	27.06.2014	Cash Receipt No.30 for an amount of Rs.2,150/- issued by 1st OP to Complainant.	Original.
Ex.A2	15.07.2014	Customer Unit Receipt	Photo copy

For the Opposite Parties:-                                           

                                      -Nil- 

 

Sd/-                                                                                          Sd/-            

President                                                                            Male Member