IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Saturday the 21st day of November, 2015
Filed on 24.06.2015
Present
1. Smt. Elizabeth George (President)
2. Sri. Antony Xavier (Member)
3. Smt. Jasmine D (Member)
in
CC/No.195/2015
Between
Complainant:- Opposite parties:-
Smt. Soniya Salas 1. Samsung India Electronics Pvt. Puthanpurackal Ltd., A-25, Ground Floor
Kainakary P.O. Front Tower, Mohan Co-operative
Alappuzha – 688 501 Industrial Estate
New Delhi – 110 044
2. Friends Electronics
First Floor, Sas Mahal Shopping
Complex, Vazhicherry Road
Alappuzha – 688 001
O R D E R
SMT. JASMINE D. (MEMBER)
The brief facts of the case in short are as follows:-
The complainant has purchased a Mobile phone manufactured by the first opposite party on 19.3.2015 for an amount of Rs.5600/-. On 4.5.2015 the said phone became defective and entrusted to the second opposite party for rectifying the defect. The second opposite party assured to rectify the defect within 1 ½ weeks, but they failed to do so. The complainant approached the second opposite party many times for getting it repaired. But the product has not been repaired and returned so far. The complainant sustained much mental agony and inconvenience. Hence this complaint filed, seeking refund of the price of the mobile phone along with compensation and costs.
2. Notice was served to the opposite parties, but they did not file version and hence opposite parties 1 and 2 were set exparte.
3. Considering the allegations of the complainant the Forum has raised the following issues:-
1) Whether there is any deficiency in service on the part of the opposite parties?
2) Whether the complainant is entitled to get the relief sought for?
5. Issues Nos.1 and 2:- The case of the complainant is that the complainant purchased a mobile phone manufactured by the first opposite party on 19.3.2015 for an amount of Rs.5600/-. The said phone became defective during the warranty period. The complainant entrusted the phone to the second opposite party on 4.5.2015 for getting it repaired. But the opposite party failed to repair and return the product despite of repeated requests from the complainant. The complainant sustained much mental agony and inconvenience and hence filed this complaint seeking refund of the price of the mobile phone along with compensation and costs.
6. The complainant filed proof affidavit and documents Exts.A1 and A2 were marked. Ext.A1 is the job sheet dated 4.5.2015 and Ext.A2 is the retail invoice dated 19.3.2015. According to the complainant time and again she visited the opposite parties for getting the mobile phone repaired. But the opposite party failed to repair and return the product. The allegation of the complainant has not been challenged by the opposite parties. The complainant proved her case by supporting documents. Since the defect arose within the warranty period and product has not been repaired and returned so far, the complainant is entitled to get refund of the price of the mobile phone. The inordinate delay in rectifying the defects amounts to deficiency in service. Therefore the opposite party has committed deficiency in service and complainant is entitled to get compensation and costs from the opposite parties.
In the result, the complaint is allowed. The opposite parties are directed to refund the price of the mobile phone Rs.5600/- to the complainant. The opposite parties are further directed to pay an amount of Rs.2,000/- (Rupees two thousand only) towards compensation and Rs.1,000/- (Rupees one thousand only) toward costs of this proceedings to the complainant. The order shall be complied within one month from the date of receipt of this order. Failing which the amount of Rs.5600/- shall carry interest @ 10% per annum from the date of order till realization.
Dictated to the Confidential Assistant, transcribed by her, corrected be me and pronounced in open Forum on this the 21st day of November, 2015.
Sd/- Smt. Jasmine.D. (Member) :
Sd/- Smt. Elizabeth George (President):
Sd/- Sri. Antony Xavier (Member) :
Appendix:-
Evidence of the complainant:-
Ext.A1 - Retail invoice dated 19.3.2015
Ext.A2 - Job sheet dated 4.5.2015
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- pr/-
Compared by:-
