By: Sri. K.Mohammed Ali, President
The complainant has purchased a mobile phone “Samsung 7500 Ace plus IMEI No: 3520690540585727 from the third opposite party, through the second opposite party for Rs. 15,500, as per invoice No: 612 dated 20-04-2012. which is manufactured by the 1st opposite party. From the very next day of purchase it self the complainant noted several defects on the mobile phone such as automatic offing and blinking of the display. On several occasions the complainant has approached the opposite parties No.2,3,4 for getting the defects rectified such as on 24-04-2012, 12-05-2012,18-05-2012, 05-06-2012. On 05-06-2012 the mobile phone was entrusted with 4th opposite party as per the instructions of the remaining opposite parties, who miserably failed to rectify the defects. On 09-07-2012 the 3rd opposite party informed the complainant that the said mobile phone is having manufacturing defect and so they would replace it with new one with in a period of two weeks. Subsequently, Neither replacement nor repayment of the price of the phone has taken place So far. The case was posted to 21-11-2012,18-12-2012, 16-01-2013,16-02-2013, 21-03-2013. Even though the notice was served on opposite parties No.2,3,4, they never appeared before the Forum except on one occasion through the counsel. Subsequently, neither they appeared nor represented by counsel The opposite parties did not submit their version so the case was set exparte. Complainant filed two documents, ie (1) Invoice dated 20-04-2012 ( No 612) from samsung smart phone cafe issued by opposite party No3 which is marked as Ext. A1 and service request receipt issued by the opposite party No4, which is marked as Ext. A2. So it is clearly proved that all the opposite parties are vicariously liable to compensate the complainant, Since they are deficient in service. The complainant has suffered considerable loss and mental agony. Apparently, with out the help of the mobile phone the complainant being a businessman ought have experienced much hardships and inconvenience.
In the result we allow the complaint and we order that the opposite parties 1 to 4 shall pay an amount of Rs. 15,500/- as the price of the mobile phone to the complainant with 10% interest perAnnum from the date of purchase of the phone up to the date of payment of the said amount by opposite parties and Rs. 10,000/- ( Ten thousand only) for the mental agony and hard ships suffered by the complainant. No cost ordered. The above said amount shall be paid to the complainant with in one month of the date of the receipt of this order.
Dated this 23rd day of April , 2013
Sd/-
K.MOHAMMED ALI , PRESIDENT
Sd/-
MOHAMMED MUSTHAFA KOOTHRADAN,
MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A2
Ext.A1 : Photo copy of Retail Invoice, dated, 20-04-2012, Amount Rs. 15,500/-
Ext.A2 : Service Request, dated, 05-06-2012
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
Sd/-
K.MOHAMMED ALI , PRESIDENT
Sd/-
MOHAMMED MUSTHAFA KOOTHRADAN,
MEMBER