Andhra Pradesh

Chittoor-II at triputi

CC/16/2014

Kanchi Venkatesulu,S/o. Muni Raja - Complainant(s)

Versus

S.M. Mobiles Sales and Service, Represented by its Manager, - Opp.Party(s)

M.Jaya Sankar

24 Apr 2015

ORDER

                                                                                                Filing Date:-19-03-2014                                                                                                               Order Date:-24-04-2015.

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, CHITTOOR AT TIRUPATI.

PRESENT: - SRI.M.RAMAKRISHNAIAH, PRESIDENT.

                                                 SMT.T.ANITHA, MEMBER

       FRIDAY, THE TWENTY FOURTH DAY OF APRIL, TWO THOUSAND             

                                                               AND FIFTEEN.

C.C.No.16/2014

Between

 K.venkatesulu, S/o. K.Muniraja,

Hindu, aged about 48 years,

Residing at H.No.20-2-507/ F1/ A,

Maruthi Nagar, Korlagunta,

Tirupati, Chittoor District.

                                                                                                         …. Complainant

And

i) Shaik. Ismail, S/o.Mustafa Shaik,

Proprietor, S.M. Mobiles Sales& Service,

D.No. 6/3/319, Manchala Street,

Tirupati, Chittoor District.

 

ii) Proprietor, Balaji Mobiles and Watches

Service Centre, D.No. 202A, Tilak Road,

Tirupati, Chittoor District.

 

iii) The Managing Director, Fastrack

Communication Private Limited,

Head Office at B 123, Sec.2, Noida-201305,

Uttar Pradesh State.

                                                                                                     …. Opposite parties

 

            This complaint coming on before us for final hearing on 09.04.2015 and upon perusing the complaint, written version and written arguments of the complainant and opposite parties and other relevant material papers on record and on hearing of Sri. M.Jayasankar, counsel for the complainant, and opposite party No. 2 & 3 remained exparte having stood over till this day for consideration, the Forum made the following.

ORDER

DELIVERED BY SMT. T. ANITHA, MEMBER

ON BEHALF OF THE BENCH

           This complaint is filed under Sections 12 - of Consumer Protection Act 1986,  contending that there is deficiency of service on part of the opposite parties, as the Cell Phone purchased by the complainant was found  defective too shortly, after the date of purchase and in spite of notice, they did not respond and rectified the same.

           2. The brief facts of the case are: The case of the complainant is that, on 02.04.2013 the complainant purchased a Cell Phone Model No. LEMON B479 from opposite party No.1 shop which is manufactured by 3^rd opposite party and the 2^nd opposite party is the service centre. Once the Cell Phone gave the problem i.e. problem in charger and disturbance of noise while dialing and receiving the calls. He approached the1st opposite party with instructions of 1^st opposite party the same was handed over to the 2^nd opposite party i.e. the service centre on 03.01.2014 .And in 23.01.2014 it was handed over to the complainant as it the Cell Phone was repaired, the shortly it was found to be not properly functioning and in spite of repeated attempts, opposite party No.1 & 2 did not respond to get defect rectified and finally legal notice was issued on 04.03.2014.

           3.  After receipt of the said notice also the opposite parties fail to rectify the same. Hence finally the complainant filed this present complaint and prayed this Forum to direct the opposite parties to refund the price of the Cell Phone i.e. 1,850/- along with the interest rate of 24% per annum from date of purchase i.e. 02.04.2013 to 17.03.2014 for Rs.415 towards interest and also damages to a tune of 10,000/- and costs.

       Notice was sent to the opposite parties the opposite party No.2 & 3 after receipt of the notice fail to appear before this Forum. Hence they remained exparte. But the notice of the opposite party No.1 was returned with the endorsement no such addressee was situated in the said address and as the counsel for the complainant fails to take the steps to serve the notice to opposite party no.1, hence this forum was dismissed the claim against opposite party No.1 for default on 29.10.2014.  Hence, heard the complainant and the complainant filed chief affidavit and written arguments and Ex.A1 to A7 are marked on behalf of him.

         On the basis of the pleadings, affidavits, and documents filed by both parties the points for consideration are:

       

             (i)      Whether there is any deficiency of service on part of the opposite parties?

             (ii)       Whether the complainant is entitled for any reliefs as prayed for?

          4. Point No:-(i). The Chief Affidavit of the complainant re-iterated the contents in the complaint has already pointed out that the opposite parties remained exparte and do not challenge the contents of the Chief Affidavit. Now the contention of the complainant is that the Cell Phone was defective and there was a problem in charger and there was no clear voice while receiving the calls, the complainant has not purchased the Cell Phone for pleasure and there is also no reason to hold that the complainant has un necessarily complaining the defect in the Cell Phone. If really, that is so the opposite party could have appeared and demonstrated that the Cell Phone in question is in perfect condition. As the opposite parties fail to appear and oppose the contention of the complainant. Hence the deficiency of service is held to be proved. Accordingly this point is answered against the complainant

          5. Point:- (ii). In the result this complaint is allowed in part against opposite party No.2 & 3 as the claim against opposite party No.1 was already dismissed for default on 29.10.204.The opposite parties 2 & 3 jointly and severally are directed to refund the sum of Rs.1,870/- (One thousand eighty hundred seventy rupees only)  with interest @ 9% per annum from the date of the purchase of the Cell Phone i.e. on 02.04.2013 till the date of realization. The complainant is granted a sum of Rs.2,000/- (Two thousand rupees only) towards damages. The complainant is also granted another Rs.1,000/- (One thousand rupees only) towards costs. If the opposite parties fail to pay the compensation of Rs.2,000/- (Two thousand rupees only) within 15 days from the date of receipt of this order, the said 2,000/-(Two thousand rupees only) will also carry interest @ 9% per annum till the date of realization.

         Typed by the stenographer, to the dictation in Open Forum, corrected by me and pronounced in the Open forum this the 24^th day of April, 2015.

         Sd/-                                                                                                                Sd/-

  Lady Member                                                                                                             President

 

C.C.No.16/2014

APPENDIX OF EVIDENCE

 

WITNESSES EXAMINED ON BEHALF OF COMPLAINANT

 

PW-1: Kanchi Venkatesulu (Chief Affidavit filed).

 

EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT

 

Exhibits	Description of Documents
Ex.A1.	Cash Bill No. 236 issued by the Opposite Party-1(Original). Dt: 02.04.2013.
2.	User Manual Book (Original).
3.	Warrant Card (Original).
4.	A Photo copy of letter issued by the complainant to the Opposite Party-1. Dt: 25.01.2014.
5.	Acknowledgement (R Net tracking receipt). Dt: 27.01.2014.
6.	The Office copy of legal notice issued by the complainant and postal receipt. Dt: 04.03.2014.
7.	Acknowledgement cards from Opposite Parties 1 and 2.

 

 

 

EXHIBITS MARKED ON BEHALF OF THE RESPONDENT/S

 

                 NIL   

                                                                                                   Sd/-                                                                                              

President

                                                          

 

 

// TRUE COPY //

// BY ORDER //

 

Head Clerk/Sheristadar,

            Dist. Consumer Forum-II, Tirupati.

 

Copies to:  The Complainant

                  The opposite parties.