O R D E R
Smt. ShajithaBeevi.N (Member I):
The complainant has filed this petition u/s.12 of the C.P. Act 1986 for getting a relief from the opposite parties.
2. The complainant’s case is as follows: -Shri. Raju K. G has filed this complaint before this Commission. The case is as follows:-
3. On 30/05/2018 he has purchased a Nokia Mobile set from the 3rdopposite party for a total price of Rs. 6,700/-. After using the same it became defective due to excess heat. Immediately he contacted the 3rd opposite party and informed the details. As per the directions of the 3rd opposite party he has entrusted the set with 1st opposite party. The set is in the purview of warranty condition. But 1st opposite party has not rectify the defect in time and not supply the set to the complainant. He has again contacted the party and requested to rectify the defect of the set. But on the side of the 1st opposite party there is no positive steps to settle the matter in an amicable way. Hence this complaint.
4. Notices were issued to the opposite parties. But the 1st opposite party alone has appeared before this Commission and filed version. The 2nd& 3rd opposite party not appeared before this Commission not filed any version. In the version the 1st opposite party has stated that he has rectify the defects of the set in time and informed the details to the complainant and requested to collect the same from him. But the complainant has not turned up to receive the same from the 1st opposite party. This cannot be taken as an excuse.
5. Considering the contention of the parties the Commission raised the following issues for consideration.
- Whether the allegations of the complainant are genuine.
- Whether there is any deficiency of service and dereliction of duty
on the side of the opposite party.
- Regarding compensation and cost.
6. Point No. 1 to 3:- Complainant has filed proof affidavit in support of his claim and filed documents in evidence. That was marked as Exhibit A1 & A2.
7. The main contention of the complaint isthat,after receiving the sum of Rs. 6,700/- (Rupees Six Thousand Seven Hundred only) from the complainant the 1st opposite party sold the set to the complainant. When using the same set it was seen that set became defective due to excess heat. The complainant has contacted the 1st opposite party and requested to rectify the defects of the set. The opposite party has intimated the matter to the complainant. But the complainant has refused to accept the same. In this matter the complainant has taken a negligent view to collect the set from the opposite party. Considering the facts and circumstances of this case we hereby directed the 1st opposite party to return the set to the complainant after rectifying the defects. The complaint is allowed accordingly.
Dictated to the Confidential Assistant, transcribed and typed by her, corrected by me and pronounced in the Open Forum on this the 30stday of July,2021.
(Sd/-)
Smt. ShajithaBeevi. N
(Member I)
Sri. George Baby (President): (Sd/-)
Sri.NishadThankappan (Member II):(Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1: Raju K G
Exhibits marked on the side of the complainant:
A1: Cash bill dated: 30/05/2018.
A2: Job card dated: 21/08/2018.
Witness examined on the side of the opposite parties: Nil.
Exhibits marked on the side of the opposite parties: Nil.
Copy to:- (1) Raju K.G,
KizhakkeKaleeyikkalVeedu,
Mudiyoorkonam P.O, Pandalam.
(2) The Service Manager,
Rolex Mobile House,
Ennasserril Building, PMC 30/1340, 41,42,
College Road, Pathanamthitta – 689645.
(3) The Manager,
Rising Star Mobile India Pvt. Ltd.,
Plot No. M-2B, SIPCOT Industrial Park Phase -2.
Hi Tech SEZ DTA Area,
SreePerumbudoor, Kancheepuram – 602106.
(4) The Manager,
Trends Mobiles, Opp. Shines,
M.C Road, Pandalam.
(5) The Stock File.
