THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.
C.C.191/2013
Dated this the 2nd day of September 2013.
( Present: Sri. G. Yadunadhan, B.A., LLB. : President)
Sri. L. Jyothikumar, B.A., LLB. : Member
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ORDER
By L.Jyothikumar, Member:
The petition was field on 03.05.2013. The case of the complainant is that he had purchased one Samsung S5270 Mobile phone on 26.04.2012 invoice No.655 dtd.26.04.2012 by paying Rs.4500/- from Opposite party-2. The manufacture of the product is Opposite party-1. Opposite party-3 is the service centre of the mobile phone. From the beginning the product was not working properly. The complainant had approached the opposite partyNo.2 to rectify the defects. Then the mobile phone was attended by their service centre personnel. But the same defect was repeated. After that opposite parties did not take any steps to redress the grievance of the complainant. The complainant is alleging deficiency in service on the part of opposite parties and also requesting to direct the opposite parties to refund the cost paid to the mobile phone. Hence this petition is filed seeking relief.
Notice to the opposite parties were served . On 31.07.13 Opposite parties-No.1 to 3 called absent and set exparte. Complainant was examined as PW1 and Exts.A1 to A5 were marked on complainant’s side.
The case of the complainant is that he had purchased one mobile phone from the opposite party for an amount of Rs.4500/-. From the beginning the product was not working properly. The complainant had approached the opposite party to rectify the defects. But opposite parties had not taken any steps to redress the grievances of the complainant. Forum has verified the documents and looked into all aspects. From the evidence it is clear that the very beginning itself mobile phone was not working properly. More over opposite parties did not take any steps to make the mobile phone defect free. From the evidence the Forum is convinced that opposite parties were deficient in service and indulged in unfair trade practice. Hence we are of the opinion that the complainant is entitled for relief.
In the result the petition is allowed and the opposite parties are jointly and severally liable . Hence opposite parties are directed to refund the cost of mobile phone Rs.4500/- to the complainant along with cost of Rs.1000/- within one month of receiving the copy of the order. After paying the amount opposite party can get back the mobile phone.
Pronounced in the open court this the 30th day of August 2013.
Date of filing:03.05.2013.
SD/-PRESIDENT SD/-MEMBER
APPENDIX
Documents exhibited for the complainant:
A1.Cash bill issued by second opposite party dtd.26.04.12 for Rs.4500/-
A2.Service request dtd.14.01.2013
A3.Work order No.4442 dtd.09.06.12
A4. Service request dtd.06.04.13.
A5.Service request dtd.27.06.13.
Documents exhibited for the opposite party:
Nil
Witness examined for the complainant:
PW1.Raghuthaman.V(Complainant)
Witness examined for the opposite party:
None
Sd/-President
//True copy//
(Forwarded/By Order)
SENIOR SUPERINTENDENT
