BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.

Date of filing : 20/01/2012

Date of Order : 30/04/2012

Present :-

Shri. A. Rajesh, President.

Shri. Paul Gomez, Member.

Smt. C.K. Lekhamma, Member.

C.C. No. 40/2012

Between

And

O R D E R

Paul Gomez, Member.

1. The short facts that prompted the complainant to come before the Forum are the following :

The issues behind the complaint began with the purchase of Samsung Mobile phone. Thereafter, he was made to visit the 1^st opposite party frequently for rectification of complaints of different kinds. All those visits gave him some reliefs, but they were short-level. Now, the impugned mobile phone is deposited with the 1^st opposite party. The 2^nd opposite party's approach, when contacted was not positive and encouraging. Hence, this complaint for refund of the price of the gadget along with compensation.

2. Despite notice being duly served, no response from the opposite parties. Hence they were declared ex-parte. No oral evidence to the complainant. Exts. A1 to A4 were marked on his side. No evidence to the opposite parties. Heard the complainant.

3. The points outstanding for consideration are the following :

1. Whether the impugned mobile phone is to be set with frequent defects?

2. What are the reliefs, if the answer to the above question is in the affirmative?

4. Point No. i. :- The complainant has purchased the impugned mobile phone manufactured by the 2^nd opposite party from the 1^st opposite party shop as per Ext. A2 invoice. Ext. A2 warranty would tell us that the instrument is covered by one year warranty, eventhough the conditions printed are not easily decipherable. The crux of the complaint is that the gadget happened to be hot potato to him, because of the infirmity of the instrument in rendering proper output. Ext. A3 series vouche for the above allegation of the complainant. When the repairs continued to be an undying process, he forwarded e-mail messages to the 2^nd opposite party company for refund of the price. But those appeals did not bear fruits. That is why, the complainant is before us with this complaint.

5. The aforesaid documentary materials are enough, in our opinion to substantiate the allegations raised by the complainant. This assumption is corroborated by the willful absence of the opposite parties from the proceedings, thus tacitly upholding the contentions against them. Hence we have no other go than upholding the uncontroverted contentions of the complainant. The complainant has demanded refund of the price along with interest @ 24% p.a. He has demanded Rs. 50,000/- as compensation, presumably for mental agony suffered due to the deficiency in service on the part of the opposite parties. Eventhough, the demand for refund, in the given situation, is not an ambitions one, the interest rate seems to be on the higher side. Interest @ 9% p.a. would suffice to do justice in this case. Since interest is allowed, we are not inclined to award any compensation.

6. To sum up, the complaint stands allowed and it is directed that the 2^nd opposite party shall pay Rs. 6,700/- along with interest @ 12% p.a. from the date of complaint till realisation.

The order shall be complied with, within a period of one month from the date of receipt of a copy of this order.

Pronounced in open Forum on this the 30^th day of April 2012

Forwarded/By order, Sd/- Paul Gomez, Member. Sd/- A. Rajesh, President.

Sd/- C.K. Lekhamma, Member.

Senior Superintendent.

A P P E N D I X

Complainant's Exhibits :-

Opposite party's Exhibits :: Nil

=========