BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Date of filing : 09/05/2011
Date of Order : 29/07/2011
Present :-
Shri. A. Rajesh, President.
Shri. Paul Gomez, Member.
Smt. C.K. Lekhamma, Member.
C.C. No. 230/2011
Between
Alvin Anto, | :: | Complainant |
Puthussery (H), Mookkannoor. P.O., Angamaly (Via.), Attara (North), Ernakulam (Dist). |
| (By party-in-person) |
And
1. Samsung Mobile, | :: | Opposite parties |
Privilege Partner & Authorised Service Centre, S 57, G.C.D.A. Complex, Marine Drive, Ernakulam. 2. Service Manager, Samsung India Electronics Pvt. Ltd., Kanakanatt Estate, Door No. 31/989, F & G, 1st Floor, Subash Chandra Bose Road, Chettichira, Ernakulam, Cochin - 682 019. |
| (Op.pty 1 by party-in-person) (Op.pty 2 absent) (Op.pty 2 impleaded as per order in I.A. No. 297/11 dated 06-06-2011) |
O R D E R
A. Rajesh, President.
1. The facts of the complainant's case are as follows :
On 18-02-2011, the complainant purchased a mobile handset from the 1st opposite party at a price of Rs. 11,300/- which was manufactured by the 2nd opposite party. Within two days from the date of purchase, the gadget became defunct. On 22-02-2011, the complainant approached the 1st opposite party to repair the defect. On several occasions, the complainant had to approach the 1st opposite party with the same complaint. But the 1st opposite party failed to rectify the defects. Thus, the complainant is before us seeking a total compensation of Rs. 12,300/- including the price of the handset.
2. Version of the 1st opposite party :
The complainant had purchased the mobile handset from the 1st opposite party. The phone is covered by the warranty issued by the 2nd opposite party. At the time of delivery of the phone, there was no defect. The complainant brought the phone on 21-02-2011 for repairs, the 1st opposite party duly repaired and redelivered the same to the complainant. The 1st opposite party is ready to service the mobile phone, if there is any defect in the phone. The 1st opposite party is not liable to pay the amount claimed by the complainant.
3. Despite service of notice from this Forum, the 2nd opposite party chose to remain absent for their own reasons. No oral evidence was adduced by the parties. Exts. A1 and A2 were marked on the side of the complainant. Heard the complainant who appeared in person and the counsel for the 1st opposite party.
4. The only point that comes up for consideration is whether the complainant is entitled to get a compensation of Rs. 12,300/- from the opposite parties or not? It is not in dispute that on 18-02-2011, the complainant had purchased a mobile handset from the 1st opposite party which was manufactured by the 2nd opposite party evidenced by Ext. A2 invoice issued by the 1st opposite party. It is also not in dispute that the 2nd opposite party has provided one year warranty for the mobile handset from the date of purchase evident from Ext. A1 warranty conditions. According to the complainant, he had to approach the 1st opposite party to get the mobile phone repaired. However, the 1st opposite party failed to rectify the defect for reasons of their own. There is no reason to disbelieve the case of the complainant, since the 2nd opposite party has not produced any evidence to controvert the case of the complainant. In the absence of such evidence, we are only to hold that the complainant is entitled to get either replacement of the gadget or refund of its price. The Hon'ble National Commission in Sony Ericsson India Ltd. Vs. Ashish Aggarwal (IV (2007) CPJ 294 (NC) ), held that a frustrated consumer is entitled to get refund of the price of the gadget. In the above circumstances, we are of the considered opinion that the complainant is entitled to get refund of the price of the gadget with interest.
5. The humility, sincerity and integrity of the consumer in not having claimed costs but only a compensation unnecessarily to which he has been put to, calls for compensation. We allow the compensation.
6. Resultantly, we allow the complaint and direct that the 2nd opposite party shall refund Rs. 11,300/- to the complainant being the price of the gadget together with interest at the rate of 12% p.a. from the date of complaint till realisation which we feel would alone made the ends of justice as far as a consumer is concerned. The complainant shall return the defective gadget to the 2nd opposite party simultaneously.
The order shall be complied with, within a period of one month from the date of receipt of a copy of this order.
Pronounced in open Forum on this the 29th day of July 2011.
