BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.

Dated this the 6^th day of October 2016

Filed on : 26.04.2016

PRESENT:

Shri. Cherian K. Kuriakose, President.

Shri. Sheen Jose, Member.

Smt. Beena Kumari V.K. Member.

CC. No. 240/2016

Ansal Aliyar S/o. Aliyar Padathan House, Vembilly P.O., Pin- 683 565	::	Complainant (party-in-person)
Between
Service Manager, Micromax Service Centre, 1st Floor, Kochaneth Building, Janatha Junction, Palarivattom, Ernakulam – 682 025	Opposite parties   (absent)

O R D E R

Sheen Jose, Member

1. The case of the complainant is as follows:

The complainant had purchased a Micromax selfie 2 Model mobile phone and the touch screen of the mobile hand set became defective and the complainant had entrusted the mobile handset to the opposite party Micro max service centre, Palarivattom on 12.03.2016 for curing the defect. Usually, the service centre can cure the defect within 1½ hrs., but even after one month they did not return the handset after curing the defect to the complainant. The complainant repeatedly visited the service centre and requested to return the mobile handset. But, the opposite party did not care the request of the complainant. The complainant had received a message from the 1^st opposite party stating that the defect of the mobile phone was cured and it was ready for delivery. Immediately the complainant approached the opposite party but the opposite party did not return the mobile phone after proper service. Due to the above said act of the opposite party, the complainant suffered a lot of inconvenience and mental agony and lost his job also. Thus the complainant is before us seeking direction against the opposite party to refund the price of the mobile handset to the complainant and also seeking compensation and costs of proceedings. Hence this complaint.

2) Despite service of notice from this Forum, the opposite party opted not to contest the matter for their own reasons. Proof of affidavit has been filed by the complainant. Exbt. A1 and A2 were marked on his side. Heard the complainant who appeared in person.

3) The Issues came up for considerations are as follows:

Issues

1. Whether the complainant is entitled to get refund of the price of the disputed mobile handset from the opposite party?

2. Whether the opposite party is liable to pay compensation and costs of the proceedings to the complainant?

4) Issue No. (i) and (ii)

Exbt. A1 goes to show that the complainant had purchased a Micromax selfy 2 Model mobile handset from NK mobile World on 1.11.2015 at a price of Rs. 6,300/-. Exbt. A2 service Job Sheet goes to show that the complainant had entrusted the mobile handset to the opposite party to get the defect of the mobile handset rectified. According to the complainant, the touch screen of the mobile handset became defective and he entrusted the mobile hand set to the opposite party for repair. Usually, the service centre can cure such a defect within 1½ hrs. But even after one month the opposite party failed to cure the defect and to deliver the handset to the complainant. No explanation is forth coming on the part of the opposite party as to the reason for the delay to cure the defect of the handset in view of their conspicuous absence. The case of the complainant stands unchallenged by the opposite party even after accepting the notice from this Forum. Therefore, we have no reason to disbelieve the sworn proof affidavit of the complainant and evidences produced by him. Hence we are of the opinion that the opposite party shall rectify the defect of the mobile handset free of cost within 30 days of the receipt of this order.

5) Issue No. (II)

The complainant suffered a lot of inconveniences due to the irresponsible attitude of the opposite party. According the complainant he could not do his job properly in the absence of mobile handset. Moreover, the complaint is a disabled person and he deserves more sympathy from the society. In this case, the complainant had been running from pillar to post to get his grievance redressed. But, all efforts failed due to the negligence on the part of the opposite party which calls for compensation and costs of the proceedings. We therefore direct the opposite party to pay an amount of Rs. 5000/- towards compensation for the mental agony and hardships suffered by the complainant and the opposite party is also directed to pay Rs.2,000/- towards the cost of proceedings to the complainant.

6) In the result, we allow the complaint and direct as follows:

1. The opposite party shall rectify the defect of the disputed mobile handset free of cost within 30 days from the date of receipt of a copy of this order.

2. The opposite party shall also pay an amount of Rs. 5000 towards compensation and pay Rs.2000/- towards costs of the proceedings to the complainant.

The above said order shall be complied, within a period of one month from the date of receipt of a copy of this order.

1. 1. Pronounced in the open Forum on this the 6^th day of October 2016.

Sd/- Sheen Jose, Member.

Sd/- Cherian K. Kuriakose, President.

Sd/-Beena Kumari, V.K., Member

Forwarded/By Order

Senior Superintendent.

Date of Despatch of this Order ::

By Post ::

By Hand

APPENDIX

Complainants Exhibits

Opposite party's Exhibits. : Nil

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