IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,
Dated this the 25th day of August, 2012.
Present : Sri. Jacob Stephen (President)
Sri. N. Premkumar (Member)
Smt. K.P. Padmasree (Member)
C.C. No. 96/2012 (Filed on 04.05.2012)
Between:
Jobin. S. Jose,
Vettikkattu Kizhakkethil,
Vellappara P.O., … Complainant.
And:
1. S.S. Mobility Ltd.,
Global Knowledge Park,
19A+19B Sector 125,
Noida – 201 301, U.P.
(By Adv. Soni. P. Bhasker)
2. The Mobile Store Ltd.,
Kuzhiyil Building, Main Road,
Pathanamthitta.
3. Mobile Palace,
Kodiyattu Building,
T.K. Road, Thiruvalla. … Opposite parties.
ORDER
Sri. Jacob Stephen (President):
The complainant has filed this complaint against the opposite parties for getting a relief from the Forum.
2. The complainant purchased a mobile phone manufactured by the first opposite party, from the second opposite party on 10.03.2012. The said mobile phone became defective on 05.04.2012 and the complainant gave the said mobile phone to the second opposite party on 09.04.2012 for repairs. At that time, second opposite party told the complainant that they are not responsible for the repairs and third opposite party is the authorized service centre of the first opposite party and directed the complainant to give the phone to the third opposite party. Accordingly, on the same day itself, the complainant went to the third opposite party and gave the phone to them for repairs. But on 17.04.2012 they returned the mobile phone to the complainant and told that it is not repairable. At the time of purchase, the second opposite party told the complainant that the product is having one year warranty. The non-repair or the non-replacement of the mobile phone within its warranty period by the opposite parties is a clear deficiency in service. Because of the said acts of the opposite parties, the complainant has sustained mental agony and financial loss and the opposite parties are liable to the complainant for the same. Hence this complaint for the replacement of the mobile phone or for the return of the price of the phone along with ` 10,000 as compensation and other expenses of the complainant.
3. In this case, opposite parties are exparte.
4. On the basis of the pleadings of the complaint, the only point to be considered is whether this complaint is allowable or not?
5. The evidence of this complaint consists of the oral testimony of the complainant as PW1 and Exts. A1 and A2. After closure of evidence, the complainant was heard.
6. The Point: The mobile phone manufactured by the first opposite party was purchased by the complainant from the second opposite party on 10.03.2012. The said phone became defective on 05.04.2012 and it was given to the second opposite party for repairs. But they told that they are not responsible for the repairs and informed the complainant that the third opposite party is the authorized service centre of the first opposite party. Accordingly, the complainant entrusted the phone to the third opposite party on 09.04.2012. But they returned the phone on 17.04.2012 by saying that it is not repairable. At the time of purchase, the second opposite party offered one year warranty to the said phone. In spite of the warranty, opposite parties failed to redress the grievances of the complainant. According to the complainant, the above said act of the opposite parties is a clear deficiency in service and they are liable to the complainant for the same.
7. In order to prove the complainant’s case, complainant adduced oral deposition as PW1. He also produced 2 documents which are marked as Exts. A1 and A2. Ext. A1 is the tax invoice No.55862 dated 10.03.2012 for ` 3,550 issued by the second opposite party in the name of the complainant. Ext. A2 is the users manual along with the warranty card of the first opposite party in respect of the mobile phone purchased by the complainant as per Ext. A1.
8. On the basis of the materials on record, it is found that the complainant had purchased a mobile phone from the second opposite party as per Ext. A1 and as per Ext. A2, there is one year warranty for the said product. According to the complainant, the mobile phone purchased by him became defective within one year. But opposite parties have not repaired or replaced the defective mobile phone in spite of the warranty conditions. Since the opposite parties are exparte, we find no reason to disbelieve the allegations of the complainant. Hence we find that the complainant’s case stands proved as unchallenged. So we found that the above said act of the opposite parties is a clear deficiency in service and hence this complaint is allowable.
9. In the result, this complaint is allowed, thereby the second opposite party is directed to return ` 3,550 (Rupees Three thousand five hundred and fifty only) collected by them as per Ext. A1 along with a compensation of ` 1,000 (Rupees One thousand only) and cost of ` 500 (Rupees Five hundred only) to the complainant within 15 days from the date of receipt of this order, failing which the complainant is allowed to realize the whole amount from the second opposite party with 10% interest per annum from today till the realization of the whole amount.
10. The complainant is directed to return the mobile phone and its accessories, if any, to the second opposite party on getting the amount ordered by this Forum. Second opposite party is at liberty to realize the amount paid by him to the complainant from other opposite parties, if he desires so.
Declared in the Open Forum on this the 25th day of August, 2012.
(Sd/-)
Jacob Stephen,
(President)
Sri. N. Premkumar (Member) : (Sd/-)
Smt. K.P. Padmasree (Member) : (Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1 : Jobin. S. Jose.
Exhibits marked on the side of the complainant:
A1 : Tax invoice No.55862 dated 10.03.2012 for ` 3,550 issued
by the second opposite party to the complainant.
A2 : User manual along with warranty card of the first opposite
party.
Witness examined on the side of the opposite parties : Nil.
Exhibits marked on the side of the opposite parties : Nil.
(By Order)
(Sd/-)
Senior Superintendent.
Copy to:- (1) Jobin. S. Jose, Vettikkattu Kizhakkethil,
Vellappara P.O.,
(2) S.S. Mobility Ltd., Global Knowledge Park,
19A+19B Sector 125, Noida – 201 301, U.P.
(3) The Mobile Store Ltd., Kuzhiyil Building, Main Road,
Pathanamthitta.
(4) Mobile Palace, Kodiyattu Building, T.K. Road, Thiruvalla.
(5) The Stock File.
