IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM BELAGAVI.
Dated this 14th September 2017
Complaint No. 438/2016
Present: 1) Shri. B.V.Gudli, President
2) Smt.Sunita Member
-***-
Complainant/s:
Shri Praveen Malkannavar,
R/o: Plot No. 61/2, Kalmeshwar Nagar,
Majagaon, Belagavi.
(By Sri.L.M. Heggannavar, Advocate).
V/s.
Opponent/s:
1. Sangeeta Mobiles Pvt Ltd.,
# 7 & 8 Swastik Chamber,
College Road, Belgaum.
2. AB Solutions,
Authorised service centre,
CTS No.4901/109 Sudha Sadan Building,
Shop No.157/B35 Near Congress Office Trunk Road,
Bhandur Galli, Belagavi.
3. LAVA International Ltd.,
A-56, Sector No.64,
NOIDA-201301 (UP)
(Opponents 1 to 3 are ex-parte.)
(Order dictated by Smt. Sunita- Member)
: ORDER :
The complainant has filed complaint against Opponents U/s. 12 of C.P. Act alleging deficiency in service of non-replacement of defective mobile handset.
2) After the service of the notice, the opponent No. 1 to 3 are failed to appear before the Forum hence, they are placed ex-parte.
3) In support of the claim of the complainant, complainant has filed his affidavit by way of evidence and produced some documents. The complainant also filed written argument.
4) We have heard the arguments and perused the records.
5) Now the point for our consideration is that whether the complainant has proved deficiency in service on the part of the opponents and entitled to the reliefs sought?
6) Our finding on the point is partly in affirmative, for the following reasons.
:: REASONS ::
7) On perusal of contents of complaint affidavit of the complainant the complainant has alleged that, he has purchased mobile phone A82 3G Lava Mobile bearing IMER No. 911513350016911 under invoice No. S-1/BEL /561 on 05/06/2016 for a consideration of Rs.4,802/-. The complainant further alleged that, after 2 days, the said mobile was not working properly by switching off automatically and the said mobile was showing black LCD whenever the complainant received a call or whenever he wished to call others. The complainant further submitted that, the said mobile was having a hanging problem and there was problem of auto-start. The complainant approached opponent No.1 with all these problems and requested for replacement of the mobile. The opponent No.1 has sent the complainant to the opponent No.2 i.e. ABC solutions, a service centre for verifying and checking the problems. The opponent No.2 kept the mobile for verification and issued an acknowledgment sheet along with problems sheet. The complainant further submitted that, the complainant approached opponent No 1 and 2 to enquire about the mobile, the opponent No.1 neither providing the new mobile nor the opponent No.2 repairing the same and both the opponents are avoiding the complainant and not attending the calls of the complainant.
8) After several requests and demand from the complainant, the opponents have failed to provide the complainant a service and replace the defective mobile. Lastly fed up with the behavior of the opponents, the complainant has issued a legal notice on 15/06/2016 to the opponents. The said notice was served upon the opponents on 17/06/2016. Inspite of that, the opponents neither replace the defective mobile nor repair. Hence, the complainant has constrained to file this complaint against the opponents before the Forum.
9) To support his case, the complainant produced some documents which are marked as Ex.C1-original invoice, EX.C2- acknowledgement receipt, Ex.C3-S.B.I. debit card, Ex.C4 &5 – legal notice and receipt, Ex.C6- acknowledgements. On perusal of evidence affidavit of complainant and documents produced by the complainant the complainant has purchased the mobile phone 82 3G Lava Mobile bearing IMER No. 911513350016911 under invoice No. S-1/BEL /561 on 05/06/2016 for a consideration of Rs.4,802/ after 2 days, the said mobile was not working properly by switching off automatically and the said mobile was showing black LCD is true and believable. After service of the notice of the by the Forum, the opponents are failed to appear before the Forum, hence, it is crystal clear that, the opponents are accepting the averments and contents of the complaint.
10) Accordingly, following order.
: ORDER :
The complaint is partly allowed.
The OP.No. 1 to 3 are jointly and severally are directed to pay Rs.4,802/- along with interest at the rate of the 6% P.A. from the date of purchase of the hand set till realisation to the complainant.
Further, the OP.No. 1 to 3 are jointly and severally are directed to pay proceeding cost of Rs.1,000/- and compensation of Rs.2,000/- to the complainant.
(Order dictated, corrected & then pronounced in the Open Forum on this 14th September 2017)
Member President
