Date of Filing:16.01.2008<br /> Date of Order:31.05.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> Dated: 31ST DAY OF MAY 2008<br /> PRESENT<br /> <br /> <br /> <br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> <br /> COMPLAINT NO: 162 OF 2008<br /> <br /> K.B. Ashokkumar,<br /> No.45, Pankaja Nilaya,<br /> Garden Road, Ramamurthynagar,<br /> Bangalore-16. Complainant<br /> <br /> <br /> V/S<br /> 1. Shaktin Communication,<br /> No.67/4, I Floor, Cools Road,<br /> Frazer Town, Bangalore.<br /> <br /> 2. S.V. Mobile Centre,<br /> No.53, Near Bharath Petrol Bunk,<br /> Manjunath Layout, Anandapura,<br /> T.C. Palya Road, K.R. Puram,<br /> Bangalore-36. Opposite Parties<br /> <br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed by the complainant stating that on 27/6/2007 he had purchased a Nokia 5200 mobile set from opposite party No.2. The mobile was not working properly and it was giving trouble. Therefore, on 23/10/2007 he gave the said mobile set to the service centre of opposite party No.1. The service job sheet is produced and also receipt for having purchased the Nokia 5200 handset for Rs.6,200/- also produced. The opposite party No.1 gave 26/10/2007 as delivery date. He went on that date to receive the set, but the same was not handed over to him. The opposite party No.1 asked him to come on 30/10/2007. The delivery date was extended. The opposite party No.1 has not delivered the mobile set to the complainant till filing of the complaint. Therefore, he has filed complaint for seeking justice and relief. <br /> <br /> 2. Notice was issued to opposite party No.1 and 2 through RPAD. Notice was served on both the parties. On behalf of opposite party No.2 Sri. Shivalingegowda, Advocate appeared and filed vakalath and defence version also filed. Opposite party No.1 though served with notice has not appeared and remained exparte. Opposite party No.2 S.V. Mobile Centre contested the matter and filed defence version stating that opposite party No.2 is not responsible, he is not a necessary party to the present proceeding. Opposite party No.1 which is the service centre had taken the mobile for repairs and it is the duty of opposite party No.1 to set right the things and hand over the set to the complainant. The opposite party No.2 is only a sub dealer and sold the mobile set to the complainant. It is the responsibility of the opposite party No.1 to see that the set is repaired as per the job sheet. Therefore, the opposite party No.2 requested to dismiss the complaint. <br /> <br /> 3. Affidavit evidence filed by complainant and opposite party No.2. Arguments are heard. <br /> REASONS<br /> <br /> 4. I have gone through the complaint and documents. Admittedly, the complainant has purchased Nokia 5200 set from opposite party No.2 S.V. Mobile Centre for Rs.6,200/- on 27/6/2007. To that effect receipt is produced. The mobile was not working properly. Therefore, he gave the mobile to the opposite party No.1 Service Centre. Service job sheet is produced. This sheet fairly establish that set was received on 23/10/2007 by the opposite party No.1 Shakti Communication and the date of delivery was given on 26/10/2007. The complainant went on 26/10/2007 a set was not handed over to him since it was not ready. The delivery date was extended up to 30/10/2007. This fact is also evidenced in the job sheet. Again on30/10/2007 the complainant went to opposite party No.1 and the said set was not repaired of the opposite party No.1 could not deliver the same. Therefore, ultimately the complainant was forced to file complaint for deficiency in service. The complainant submitted during the course of argument that he received telephone call from opposite party No.1 recently and the handset is ready and opposite party No.1 requested him to take back the mobile set since it was repaired. The complainant submitted that, opposite party No.1 had made unreasonable delay in handing over the mobile. Opposite party No.1 had failed in its duty in delivering the set to him as per the job sheet. The complainant submitted that he has suffered mentally, physically and financially for lost 6-7 months. He was forced to file complaint and spent money to get justice. Therefore, even if he gets back the mobile set it will not be justice to him and therefore he requested that suitable compensation be awarded to him. The case made out by the complainant has gone unchallenged. Opposite party No.1 has not appeared and contested the matter though served with notice. Opposite party No.1 has failed in its duty in delivering the mobile set to the complainant as per the job sheet. The complainant was harassed and he was forced to approach the Forum for getting the justice. As regards the opposite party No.2 is concerned he is only a sub dealer and it is not his responsibility to get the set repaired because admittedly the set was handed over to opposite party No.1 Shakti Communication and it is the duty and obligation of the service center to get the things done and rectify the defects in the set. But in this case, the opposite party No.1 has made unreasonable and abnormal delay in rectifying the things and handing over the set to the complainant. Now after filing the complaint, the complainant submitted that, he received telephone call from opposite party No.1 that the set is ready and requested him to come over and receive the mobile set. So, under these circumstances the complainant has to go to service centre of opposite party No.1 and receive the mobile handset. One part of matter ends, the second part is in respect of awarding compensation and costs. I feel it would be just fair and proper to award compensation of Rs.2,000/- and costs of Rs.1,000/- to the complainant for the mental agony, harassment and delay etc.,. In the result, I proceed to pass the following:-<br /> ORDER<br /> <br /> 5. The complaint is allowed. The opposite party No.1 Shakti Communication is directed to hand over the Nokia 5200 mobile set to the complainant and apart from that opposite party No.1 is directed to pay compensation of Rs.2,000/- and costs of Rs.1,000/- to the complainant within 30 days from the date of this order, failing which the amount carries interest at 10% p.a from the date of this order till realization. The opposite party No.1 is directed to pay the amount directly to the complainant by way of Cash, D.D or cheque with i intimation to this Forum. The complainant has to go to the opposite party No.1 Shakti Communication and receive the handset since the same is ready for delivery. <br /> <br /> 6. Send the copy of this Order to both the parties free of costs immediately. <br /> <br /> 7. Pronounced in the Open Forum on this 31ST DAY OF MAY 2008.<br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings. <br /> <br /> MEMBER MEMBER <br /> <br /> <br /> <br /> <br />