By Sri.M.P.Chandrakumar, Member :
The case of the complainant is that he had purchased a HTC Desire Mobile phone on 4-02-15 from the opposite party on payment of Rs.11599/-, on the assurance of the opposite party that it is of good quality. An amount of Rs.1123/- has been paid as the insurance amount. However, from 26-04-16, the phone was not working. When the complainant entrusted the phone on 28-04-16 with the opposite party for rectifying the defect, the opposite party informed that it will take four months for the repair. The opposite party accepted the original bill also. When the complainant approached after 4 months, the opposite party informed that it will take one more month to complete the repair. Accordingly, the complainant approached after one more month. The complainant had to approach several times. But; the phone was not repaired and handed back. The complainant thus understood that the phone is not repairable. Since the act of the opposite party in selling a bad quality mobile is deficiency of service and unfair trade practice , a lawyer notice dated 12-01-17 was sent to the opposite party .Even though the notice was accepted, neither any reply was sent nor the phone repaired. Hence the complaint filed with prayers to direct the opposite party to refund the cost of the phone and insurance charges paid, in addition to compensation and cost.
2.In the version filed, the opposite party states that he is only an employee of the shop. The phone of the opposite party had been properly and carefully repaired and given back several times. Since the complainant used the phone in a careless manner, the phone got in to troubles again, with problems to the display . This was again repaired and handed over, to the complainant. However, the complainant again approached, with problems, which was rectified. Thus, the opposite party has done the servicing properly. There is no deficiency of service on the part of the opposite party and hence the complaint be dismissed with costs.
3.The points for consideration are
1)Is there any deficiency of service on the part of the opposite party?
2)If so, compensation and cost.
4.Evidence consists of proof affidavit filed by the complainant and also evidences marked as Exhibits P1 to P4. Ext. P1 is the copy of the invoice and also copy of service slip dated 28-04-16.; Ext. P2 is the lawyer notice dated 12-01-17;Ext. P3 is the postal receipt; Ext. P4 is the A/D card. Neither any counter proof affidavit has been filed nor evidences produced from the side of the opposite party.
5.On 26-05-17, the opposite party has produced the phone before the Forum, stating to have been repaired. However, at the time of the next sitting on 19-06-17, the complainant has produced the phone before the Forum, stating that the complaints are still persisting. As per the proof affidavit filed on 22-08-17, the complainant states that when the complainant tried to use the phone, it automatically turned switch off. Thus, the complainant was not able to use it. Hence the phone was handed back to the opposite party on 19-06-17, before the Forum.
6.Considering all the above, we are of the conclusion that the opposite party has not taken care to repair the phone properly and thus to provide a trouble free phone to the complainant, which is a deficiency of service on their part. In the absence of any contra evidence , we are bound to consider the complaint in favour of the complainant.
7.In the result, the complaint is allowed and the opposite party is directed to refund Rs.11,599/-(Rupees Eleven thousand five hundred and ninety nine only) ,being the cost of the phone and Rs.1123/- (Rupees One thousand one hundred and twenty three only) collected as insurance from the complainant with 9% interest for the amount from 4-02-15, along with Rs.3,000/- (Rupees Three thousand only) as compensation and costs , within a month of the date of receipt of the order.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 28th day of March 2018.
Sd/- Sd/-
M.P.Chandrakumar P.K.Sasi,
Member President.
Appendix
Complainant’s Exhibits
Ext. P1 copy of the invoice and also copy of service slip dated 28-04-16.; Ext. P2 Lawyer notice dated 12-01-17;
Ext. P3 postal receipt;
Ext. P4 A/D card
Id/-
Member
