Date of filing : 06-11-2008 Date of order : 27-01-2009 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD CC.229/08 Dated this, the 27th day of January 2009 PRESENT SMT.SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER SMT.P.P.SHYMALADEVI : MEMBER Jagadish.M, S/o.Vitttal Dongre, R/at Adharsha Nilaya, } Complainant Po.Vidyanagar, Kasazragod. 671 552. (Adv.Shrikanta Shetty.K, Kasaragod) 1. Samsung India Electronics Pvt.Ltd, 7th and 8th Floor, IFCI Towers, 61, Nehru Place, } Opposite parties New Delhi.110019 2. M/s Sangeetha, Bharath Mall, Mangalore 575 004 3. M/s Souza Electronics, Rekha Building, Puttur, D.K. Dist. (Exparte) O R D E R SRI.K.T.SIDHIQ, PRESIDENT Tersely stated, the case of the complainant Jagadish is that he purchased one brand new J-150 Samsung mobile phone manufactured by opposite party No.1 through opposite party No.2 on 21-06-08. The said mobile was having a warranty of 1 year. On the second day of purchase it became defective and complainant approached opposite party No.2 for service of mobile phone but opposite party No.2 refused to accept it and directed him to contact opposite party No.3 the authorized service center of opposite party No.1. Opposite party No.3 accepted the mobile on 5-7-08 for service but the mobile phone is not returned after rectification of defects till date. Even though complainant approached several authorities of the opposite parties for the redressal for his grievance it all went futile. Finally a registered lawyer notice was issued to opposite party No.1 for that also there was no response. Hence the complaint is filed. 2. Notice to all opposite parties were issued by registered post. As against the notice to opposite parties 2 & 3 the acknowledgement is received back evidencing the receipt of notice. But none of them appeared before the Forum and submitted their versions. As against Notice to Opposite No.1, neither the registered postal envelope is returned undelivered nor acknowledgment card attached to the notice is received back hence notice is deemed to have served on opposite party No.1 in view of the decision of Hon’ble Supreme Court reported in 1997 (1) SCC 130 and General clauses Act. In this regard counsel for the complainant submitted that to the registered lawyer notice issued earlier to opposite party No.1 also the acknowledgement card is not returned hence to his complaint made with the postal department he received the copy of delivery slip of registration evidencing the delivery of registered notice to opposite party No.1. 3. Since the opposite parties abstained from the proceedings of the Forum even after due receipt of notice, opposite parties were set exparte. 4. Complainant filed affidavit in support of his claim Exts A1 to A6 marked on the side of the complainant. Ext.A1 is the purchase bill dt. 21-06-08 for Rs.5,047/- including the cost of E-charge of Airtel . Ext.A2 is a receipt dated 5-7-2008 issued by opposite party No.3 Souza Electronics evidencing the receipt of mobile phone for service. Therefore it is clear that the complainant parted with his mobile within a few days of it’s purchase. 5. The complainant even though made enquiries with the different authorities of opposite party about his mobile phone that was entrusted for repair with opposite party No.3 he did not get back his mobile phone after service. This would clearly indicate that the opposite parties are not keen to satisfy their customers in respect of the complaints with regard to the working of the mobile phone. The unfair trade practice and deficiency in service on the part of opposite party No.1 is writ large in this case as they did not even choose to respond to the lawyer notice nor did they made any attempt to give customer care services to the complainant. 6. We think this is a fit case in which punitive compensation has to be awarded against opposite parties as it is intended to make a qualitative change in their attitude towards the customer care services. Therefore complaint is allowed and the opposite parties jointly and severally directed to refund a sum of Rs.5,047/- the purchase value of mobile phone with E- recharge of Airtel Cellular Connection with 12% interest per annum from the date of complaint till date of payment along with a compensation of Rs.5000/- and a cost of Rs.2000/-. Time for compliance 30 days from the date of receipt of copy of order Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Exts. A1. Invoice. A2.5-7-08 receipt issued by opposite party No.3. A3.6-10-08 copy of lawyer notice. A4. Postal receipt A5.9-12-08 reply notice. A6.Delivery slip of Registration Department Kalkaji HPO 110019 Sd/- Sd- Sd/- MEMBER MEMBER PRESIDENT Pj/ Forwarded by Order SENIOR SUPERINTENDENT
......................K.T.Sidhiq
......................P.P.Shymaladevi
......................P.Ramadevi | | 
