CC No.1124.2017

Filed on 22.05.2017

Disposed on 28.02.2019

BEFORE THE III ADDITIONAL BANGALORE URBAN DISTRICT

CONSUMER DISPUTES REDRESSAL FORUM,

BANGALORE – 560 027.

DATED THIS THE 28^th DAY OF FEBRUARY 2019

CONSUMER COMPLAINT NO.1124/2017                                                                                                                                                                                                                                 

PRESENT:

 Sri.  H.S.RAMAKRISHNA B.Sc., LL.B.

         PRESIDENT

                 Smt.L.MAMATHA, B.A., (Law), LL.B.

                       MEMBER

                                       V/S

ORDER

BY SMT. L.MAMATHA, MEMBER

1. This Complaint was filed by the Complainant on 22.05.2017 under Section-12 of the Consumer Protection Act, 1986 praying to pass an order directing the Opposite Party to refund mobile  amount of Rs.6,298/- along with compensation of Rs.4,00,000/-. 

2. The brief facts of the complaint can be stated as under:

In the Complaint, the Complainant alleges that on 29.01.2017 he purchased Lava x 11 4g mobile and reconnector in Reliance Retail Limited for Rs.6,298.09.  When he purchased the mobile, they give only one bill that is in long page.  He asked about another bill, warranty card and guaranty card.  They told bill and warranty card will be sent to his mail address and then they collected his e-mail address.  They showed the features of phone and internet connection, 4g working.  But when he put the phone charger is Lyf mobile charger.  He put his sim card to Lava phone and make the phone call but phone speaker did not working.   After that he went to Opposite Party’s shop to exchange his mobile a very next day i.e., on 30.01.2019.  But seller boys and concern persons did not responded properly.  They told go and contact customer care, get service from there and informed that they are not exchange or refund the amount.  The Complainant request many times.  But they are not able to listen his words.  He asked bill and warranty nobody given good response and they hold that warranty in that box at the time of purchase.  On 10.02.2017 the Complainant given letter to Opposite Party to exchange his phone or refund amount.  But they did not receive letter.  Hence this complaint.

3. In response to the notice, the Opposite Party put their appearance and filed their version.  In the version pleaded that the Opposite Party is only a retail seller of various products manufactured by genuine manufacturer, with proper authentication.  The Opposite Party sells the products manufactured by various reputed companies and firm by adhering to the provisions thereof.  The Opposite Party as a seller do not keep any product or material for sale which are unfit for consumption.  It is true that the Complainant has purchased Lava x 11 4g on 29.01.2017 for Rs.6,298/- vide Invoice No.7 from Opposite Party Showroom under 1 year Lava Brand warranty valid upto 28.01.2018.  The Complainant purchased the mobile under discount price accepting mobile with LYF Company charger instead of Lava charger vide undertaking letter dt.29.01.2017.  The Complainant very next day came to the Opposite Party outlet and alleged that the mobile speaker is not working and needs to replace the mobile.  The Opposite Party advised Complainant to approach with Brand Lava against manufacturing defects if any.  It is brought to the kind notice that the mobile doesn’t have any technical problems except speaker problem as confirmed by the Complainant. The Opposite Party is a retailer, who stores and sell all reputed brands of electronic house hold appliances of various manufacturers in their store in most proper, intact and fit for consumption in all respects, after through and stringent quality checks.   Any electronic product which purchased shall cover 1 year Brand warranty against any of its manufacturing defect.  Similarly the product of the Complainant covered under warranty upto 28.01.2018 and the Complainant had all the liberty to use after sale services during warranty period.  The Complainant has not impleaded the manufacturer or it’s Authorized Service Center as a party to the complaint. When the mobile is under brand manufacturing warranty, it is mandatory to utilize the after sales services through brand or its authorized service center.  The Complainant purposely has concealed the true facts and maliciously, mischievously has come up with the said complaint in order to make unlawful gain.  Hence, there is no deficiency of service on the part of the Opposite Party.  Hence prays to dismissal of the complaint.

4.   The Complainant, Sri.Manjunatha P filed his affidavit by way of evidence and closed his side.  On behalf of Opposite Party, the affidavit of Sri.Waseem Pasha, Store Manager of Opposite Party has been filed his affidavit.   Heard arguments of Complainant.

5.       The points that arise for consideration are:-

1. Whether the Complainant has proved the alleged deficiency in service by the Opposite Party ?
2. If so, to what relief the Complainant is entitled ?

6.       Our findings on the above points are:-

                   POINT (1):- Affirmative

                   POINT (2):- As per the final Order

REASONS

7.       POINT NO.1: As looking into the averments of the Complainant and also the version filed by the Opposite Party, it is not in dispute that the Complainant is a customer of Opposite Party and on 29.01.2017 the Complainant purchased Lava x 11 4g mobile for Rs.6,298/- from Opposite Party’s Showroom.  When Complainant purchased mobile, the Opposite Party gave only one bill.  The Complainant asked about another bill, warranty guaranty card.  Opposite Party told that bill and warranty card will be sent to Complainant’s mail address and they showed the features of phone, internet connection and 4g working.  When he went home, after open the purchased mobile box phone is Lava.  But they put the phone charger is LYF mobile charger.  When Complainant put the sim card to Lava phone and made the phone call but speaker did not working.  To substantiate this fact, the Complainant filed his sworn testimony, in his sworn testimony, he has reiterated the same and produced copy of Invoice.  By looking into this, it is very clear that the Complainant purchased Lava mobile from Opposite Party which mobile is manufactured by Lava Company, which product is in defective.  After purchase of that mobile, Complainant faced speaker problem.  Immediately informed and showed the mobile to Opposite Party and asked for refund.  But Opposite Party refused to refund and instead advised to approach authorized service center.   Due to this Complainant suffered mental agony.

8. The defence of Opposite Party is that the Complainant concealed the true facts.  The Opposite Party is only retail seller of various products manufactured by genuine manufacturers with proper authentication.  The Opposite Party sells the said products manufactured by various reputed companies and firms strictly complying with all norms and regulations with said regard by adhering to the provisions thereof.  The Opposite Party admitted that the Complainant purchased Lava x 11 4g mobile on 29.01.2017 from them by paying Rs.6,298/-.  When the Complainant alleged that the mobile speaker is not working and needs to replace the mobile, the Opposite Party advised Complainant to approach with Brand Lava against manufacturing defects if any.    In support of this defence, Sri.Waseem Pasha, the Store Manager of Opposite Party has filed his affidavit.  In his sworn testimony, he has reiterated the same and produced the copy of declaration form signed by Complainant.  By this, it clearly shows that the Complainant agreed with the terms and conditions of Opposite Party.  

9.  With this argument, nodoubt the Complainant is a customer of Opposite Party and he purchased Lava x 11 4g mobile from Opposite Party’s Showroom which is manufacturing by Lava Company.  But Opposite Party not put the charger of Lava.  But they put LYF mobile’s charger.  Though Opposite Party is only a retail seller of various products, it is the duty of the Opposite Party to check-out the defects before selling that product to its customers.    There is no fault on the part of the Complainant.  The Opposite Party advised the Complainant to approach authorized service center to rectify the defects.  But it is the duty of Opposite Party to approach their product’s Manufacturer or Authorized Service Centre who supplied defective products.  When the mobile is under manufacturing warranty, it is mandatory to utilize the services through Company or its Authorized Service Centre by Retailer or Dealer who sells the defective products.   Instead of that the Opposite Party made allegations against Complainant.  The Opposite Party concealed the true facts.  There is deficiency of service on the part of the Opposite Party.    Hence, this point is held in affirmative. 

10. POINT No.2:- In view of the finding on point No.1, we proceed to pass the following:

ORDER

The Complaint is allowed holding that there is deficiency of service on the part of the Opposite Party.

The Opposite Party is directed to refund a sum of Rs.6,298/- to the Complainant. 

The Opposite Party is directed to pay a sum of Rs.2,000/- as cost of this litigation to the Complainant. 

The Opposite Party is granted 45 days’ time from the date of this order.  

Supply free copy of this order to both the parties.

 (Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Forum on this, 28^th day of February 2019)

MEMBER                                                     PRESIDENT      

LIST OF WITNESSES AND DOCUMENTS

Witness examined on behalf of the Complainant:

1. Sri.Manjunatha P, who being Complainant has filed his affidavit.

List of documents filed by the Advocate for Complainant:

1. Copy of Invoice.
2. Copy of Identity Card.

Witness examined on behalf of the Opposite Party:

1. Sri.Waseem Pasha, Store Manager of Opposite Party by way of affidavit.

List of documents filed by the Opposite Party:

1. Declaration form

MEMBER                                                             PRESIDENT