Complaint filed on: 18.06.2016

Complaint Disposed on:10.04.2017

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT CHICKMAGALUR.

COMPLAINT NO.67/2016

DATED THIS THE 10^th DAY OF APRIL 2017

:PRESENT:

HON’BLE SRI RAVISHANKAR, B.A.L, LL.B., - PRESIDENT

HON’BLE SMT B.U.GEETHA, M. COM., LL.B., -MEMBER

HON’BLE SMT H. MANJULA, B.A.L., LL.B., - MEMBER

COMPLAINANT:

Shivaraju H.N,

S/o Narayana Mestri,

Aged about 32 years,

Businessman,

R/o Giddenahalli Village,

Thogarihankal Post,

Chikkamagaluru Taluk & Dist.

(By Sri/Smt. K.R.Vanitha, Advocate)

V/s

OPPONENT:

1.     M/s.Sangeetha Mobiles Pvt. Ltd.,

        Branch Address:No.16294-10038,

        16239-10097,Sri Lak16294/10038

        & 16239/10087, Sri Lakshmi Balaji

        Complex, M.G Road, Chikkamgalur.

2.     VIVI MOBILE INDIA PVT. LTD.,

        Tech 2, World Trade Centre,

        Plot No.3 Tz-13A, TECHZONE

        (I.T. Park) Greater Nodia,

        Uttar Pradesh, India-201308.

(OP-1 -Exparte)

(OP-2 – Not Pressed)

Judgment Delivered By Hon’ble Member Smt.B.U Geetha,

:O R D E R:

The complainant filed this complaint U/s 12 of the Consumer Protection Act 1986 against OP Nos. 1 & 2 alleging unfair trade practice in selling defective handset to the complainant. Hence, prays for direction against OP Nos. 1 & 2 to replace the defective mobile handset with new one or to repay the entire amount of Rs.11,183/- along with compensation of Rs.20,000/- for unfair trade practice.

2.     The brief facts of the complaint is that:

The complainant purchased a mobile handset along with accessories on 7^th April 2016 from Op no.1 by paying amount of Rs.11,183/-. The complainant is a businessman, he purchased the mobile handset for conversation with public and for his business. After purchase of mobile handset the very next day of the purchase it started giving trouble and it was switched off automatically and it was not working properly. For that complainant went to Op no.1 on 12.04.2016 and handed over to Op no.1 and demanding for replacement of the defective mobile handset with new one or to refund the consideration amount paid by the complainant, but Op no.1 assured that they will repair the handset by concerned service centre and issued endorsement dated 12.04.2016. After wards Op no.1 returned the hand set in the second week of May 2016 and assured that the mobile handset will work properly. Believing the words of the Op no.1 and took back the mobile handset and started to use the same, but after few days again the same problem continued that mobile automatically switched off while in usage, again complainant went to Op no.1 and returned the defective handset to Op no.1 and demanded for refund of amount of mobile handset or to give new mobile handset of the same module. On 25.05.2016 Op no.1 has taken back the same and given endorsement dated 25.05.2016 and assuring that they will provide new handset, but so far Op no.1 has failed to do so. Since from 25.05.2016 the said mobile is with the Op no.1. Therefore, complainant is deprived of use of mobile handset. The complainant has faced much inconvenience and has spent more than Rs.1,000/- towards transportation to visit the Op no.1 from his native place. Hence, complainant filed this complaint and prays for direction against Op no.1 and 2 either to replace the defective mobile handset with new one or to repay the entire amount of Rs.11,183/- along with compensation of Rs.20,000/- for unfair trade practice.

3. Notice issued by this forum against Op no.1 was duly served, but Op no.1 has not appeared before this Hon’ble forum to take any defense. Hence, Op no.1 placed exparte. Op no.2 not appeared as complainant not taken steps to bring Op no.2. Hence, Complaint against Op no.2 taken as not pressed.

4. The complainant filed affidavit and marked the documents as Ex.P1 to P3 and M.O. 1. 

5.     Heard the arguments:

6.     In the proceedings, the following points do arise for our consideration and decision:

1. Whether there is unfair trade practice in selling defective handset to the complainant?
2.  Whether complainant entitled for any relief & what Order?

7.     Our findings on the above points are as follows:-

1. Point No.1: Affirmative.  
2. Point No.2: As per Order below. 

: R E A S O N S :

POINT NOs. 1 & 2:

8. On perusal of the pleadings, affidavit and documents produced by complainant it is clear that complainant has purchased mobile handset through original cash invoice dated 07.04.2016 from Op no.1 for Rs.11,183/- which is marked as Ex.P.1. Complainant also produced endorsement given by Op no.1 dated 12.04.2016 for having receipt of the mobile handset towards repair which is marked as Ex.P.2, in that endorsement it is clear that the mobile handset is defective one, complainant also produced another endorsement dated 25.05.2016 issued by Op no.1 which is marked as Ex.P.3, in that endorsement it is clear that again mobile handset is automatically switched off, from the above 2 endorsement it is clear that mobile handset is defective one. Complainant produced charger and earphone of mobile handset which is marked as M.O.1, it is clear that the mobile handset is with the Op no.1. Even Op has not appeared before this Hon’ble Forum to defend his case. In order to avoid replacement and repayment of the amount of mobile handset Op has not appeared before this forum. Hence, we consider that Op no.1 has accepted the mobile handset is defective one.

Complainant inspite of providing sufficient opportunity has not taken any steps to bring Op no.2 before this Hon’ble Court. Hence, the prayer of refund is rejected. Therefore, we consider Op no.1 has rendered unfair trade practice in selling defective mobile handset to the complainant. As such Op no.1 is responsible for replacement of the mobile handset with new one to the complainant and Op is also liable to pay compensation of Rs.2,000/- for unfair trade practice in selling defective mobile handset and litigation expenses of Rs.1,000/- to the complainant. As such for the above said reasons, we answer the above point no.1 and 2 in the affirmative and proceed to pass the following:-    

: O R D E R :

1. Complaint is partly allowed.
2. Op no.1 is directed to replace the defective mobile handset with new one having no defects along with compensation of Rs.2,000/- for unfair trade practice and litigation expenses of Rs.1,000/- to the complainant within one month from the date of receipt of this order, failing which 9% interest will be charged till realization of the said amount.
3. Send free copies of this order to both the parties.

(Dictated to the Stenographer transcribed typed by him, transcript corrected by me and then pronounced in Open Court on this the 10^th day of April 2017).

                                 (RAVISHANKAR)

                                      President

(B.U.GEETHA)                                         (H. MANJULA) 

     Member                                                    Member   

ANNEXURES

Documents produced on behalf of the complainant:

Ex. P1               -           Cash invoice dtd 07.04.16 issued by Op no.1 for having purchase

                                      of the mobile hand set.

Ex.P2                -           Endorsement given by Op no.1 dtd 12.04.16 for having receipt of

                                    the mobile hand set towards repair.

Ex.P3                -           Anther endorsement dtd 25.05.16 issued by Op no.1.

M.O.1               -           Charger and Earphone of mobile hand set with box.

Documents produced on behalf of the OPs:

NIL

Dated:10.04.2017                         Member

                                         District Consumer Forum,

                                                  Chikmagalur.