DISTRICT CONSUMER DISPUTES REDRESSAL FORUM  PALAKKAD

Dated this the  20^th day of November  2017

Present   : Smt.Shiny.P.R. President

               : Smt.Suma.K.P.  Member                                        Date of filing: 09/06/2017

              : Sri.V.P.Anantha Narayanan, Member

                                                  (C.C.No.93/2017)     

Sudheesh Kumar,

S/o.Suresh,

Kannattil House,

Veeramangalam (PO),

Ottappalam,

Palakkad                                                                     -           Complainant

(Party in person) 

Vs 

1.Sales Manager,

   M/s Mobile World Electronics Pvt,Ltd,

   Opp.Govt.Ayurveda Hospital,

   H.P.O Road, Sulthanpet, Palakkad

   678 001.

2. Sales Manager,

    M/s Apps Daily,

    Near Mobile World Electronics Pvt, Ltd,

    Metro Complex,

    Opp.Govt.Ayurveda Hospital,

    H.P.O Road, Sulthanpet, Palakkad

    678 001.                                                                  -           Opposite parties

O R D E R

By Smt.Shiny.P.R.  President.

Brief facts of complaint.

The complainant has purchased HTC DEZIR6 7284G PURPLE MIST ( EMI 359988064175881  on 21-6-2016 for Rs 13,300/-from the 1^st opposite party and had taken insurance coverage for the same by paying an amount of Rs.1,244/- as premium from the 2^nd opposite party. Complainant submitted that during the month of May 2017 the screen of the mobile have got damaged. Then the complainant contacted 1^st opposite party. They informed the complainant that the 2^nd opposite party closed the shop. Complainant further submitted that as per the direction of the 1^st opposite party he has taken the policy from the 2^nd opposite party. Both opposite parties neither repaired nor replaced the mobile even after the repeated request.  These acts of the opposite parties amount to deficiency in service and caused mental agony and loss to the complainant. Hence complaint. Complainant prays for an order directing opposite parties to pay Rs.14,000/- cost of mobile along with compensation of Rs.50,000/- to the complainant.

Complaint was issued and notices were issued to the opposite parties for appearance. Both opposite parties remained absent. Hence set ex-parte.  Complainant filed chief affidavit along with documents.  Ext.A1 and A2 were marked from the part of the complainant.  Mobile was marked as MO1.

The following issues are to be considered.

1.      Whether there is any deficiency in service from the part of opposite                parties? 

          2.   If so, what are the reliefs and cost? 

Issues 1 & 2

Heard the complainant. 

We have perused the documents as well as affidavit filed by the complainant.   Ext.A1 and A2 show that the complainant has purchased mobile from the 1^st opposite party and 2^nd opposite party has issued insurance coverage for the said mobile.   By adducing evidence complainant proved his case.  As the opposite parties remained         ex-parte, the evidence tendered by the complainant stands unchallenged.  On the physical verification of the mobile, it seems that the mobile screen was broken. On the perusal of the complaint it is revealed that Complainant used mobile from June 2016 to May 2017 without any defects.  Since complainant has not taken any steps to prove the manufacturing defect of mobile we cannot direct opposite parties to replace the mobile or cost of mobile.  However, the opposite parties have the bounden duty to cure the defect of mobile which was occurred within one year free of cost. Under these circumstances we are of the view that opposite parties committed deficiency in service in not providing proper after sales service to the complainant.

Hence we partly allow the complaint and direct opposite parties jointly and severally to repair the mobile free of cost and  to pay Rs.1,000/- (Rupees one thousand only) as cost of proceedings.

If the opposite parties not repair the mobile  within one month from the date of this order, complainant is entitled to get an additional amount of Rs.3,000/- (Rupees three thousand only) from the  opposite parties. 

Order shall be complied within a period of one month from the date of receipt of order, failing which complainant is eligible for 9% interest per annum for the whole amount from the date of order, till realization.    

Pronounced in the open court on this the 20^th day of November 2017.

                                                                                                            Sd/-

                  Shiny.P.R.

                   President 

                        Sd/-     

                   Suma.K.P.

                    Member

     Sd/-

    V.P.Anantha Narayanan

                    Member

Appendix

Exhibits marked on the side of complainant

Ext.A1   - Photo copy of the bill  (Invoice No.8B/PLKDH/1255 daed.21.06.2016)  issued

                by Mobile World  Electronic Pvt.Ltd, Palakkad

Ext.A2  – Brochure – apps daily – Mobile Protection   

MO1    -  Mobile Phone

Exhibits marked on the side of Opposite parties

Nil

Cost 

Rs.1,000/-allowed as cost of the proceedings.