BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023

CONSUMER COMPLAINT NO.255/2017

DATED ON THIS THE 4^th January 2019

      Present:  1) Sri. H.M.Shivakumara Swamy

B.A., LLB., - PRESIDENT   

                     2) Sri. Devakumar.M.C.                  

                                                B.E., LLB., PGDCLP   - MEMBER

Sri H.M.SHIVAKUMARA SWAMY,

President

1.     This complaint is filed for a direction to the opposite parties to return the rectified handset or new handset with Rs.23,188/- as compensation and litigation expenses or to pay a sum of Rs.50,688/- being the cost of the handset, interest, damages, litigation expenses.
2.     The brief facts alleged in the complaint are that the complainant placed order with flipkart on 18.05.2016 for mobile handset.  The cost of the mobile was Rs.27,500/-.  After receipt of the phone, it worked for 2 months and thereafter, it is found that there is manufacturing defects i.e. overheats even with simple use, no continuous data connections, not able to see video for more than 30 seconds, display flickering continuously, average battery life, then he has approached opposite party No.2.  Opposite party No.2 has assured to attend the complaints, and rectify the defects.  But, opposite parties failed to rectify the defects, in spite of repeated demands.  Then, the brother of the complainant has corresponded with Sony company.  But, there is no fruitful result.  Thereby, the opposite parties committed deficiency in service.  Hence, this complaint is filed.
3.     After registering the complaint, notice was issued to all the opposite parties.  Subsequently, complaint against opposite party No.1 was rejected since opposite party No.1 has not sold the product to the complainant.  Opposite party No.3 was also subsequently deleted.  Opposite party No.2 served with notice, absent placed exparte.  Opposite party No.4 appeared through advocate and filed the following version:- It is admitted that the providing service after sale, is the sole responsibility of manufacturer through its various service center.  Complaint against opposite party No.4 is not maintainable.  As such, opposite party No.4 has sought for dismissal of this complaint. 
4.     On the above contention of both parties, this matter is set down for evidence.  During evidence, on behalf of complainant, he has filed affidavit evidence.  Likewise, on behalf of opposite party No.4, its authorised agent has filed affidavit evidence. Further, evidence closed.  After hearing arguments, this matter is set down for orders. 
5.    The points arose for our consideration are:-

1. Whether the complainant establishes that there is deficiency of service on the part of opposite party Nos.2 and 4 in not attending the defects in the mobile handset purchased by the complainant, thereby complainant is entitled for the relief sought?
2.  What order?

6.    Our findings on the aforesaid points are as follows:

Point No.1 :- partly in the affirmative.

Point No.2 :- As per final order, for the following

:: R E A S O N S ::

7.    Point No.1:- During evidence, the complainant has filed affidavit evidence reiterating the allegations made in the complaint.  So far as purchase of the product is concerned, there is no dispute between the parties.  It has been purchased by the complainant for Rs.27,500/-.  Even the complainant has placed the job card issued by opposite party No.2 i.e. Roshan Electronics for having received the product for repair from the brother of the complainant.  Sony company has corresponded with complainant through E-mail.  Even there is one more job card issued by opposite party No.2, it is dated 16^th May 2017.  Under this, customer complaint –hanging, heating, WIFI/internet related, others, over heating, no battery back-up, mobile data not working properly.  So, these defects are not attended by the service center.  Thereby, complainant has sought for an order for replacement of the defective handset with defect free handset or in the alternative to refund the cost of the product with compensation and litigation expenses.
8.     Of course, opposite party No.4 through whom the complainant has placed orders for the product they absolve from the liability on the ground that it is only flat form created by opposite party No.4 for sale and purchase of product.  Thereby, opposite party No.4 is not liable to answer the claim in question, but amount has been received by opposite party No.4 and product was delivered to the complainant which is defective in nature.  Thereby, opposite party No.4 cannot absolve from liability.  Likewise, opposite party No.2 being the service center also cannot absolve from liability since both opposite party Nos.2 and 4 have not taken care of the customer in attending the defect in the product.  Thereby, opposite party Nos.2 and 4 committed deficiency in service.  As such, opposite party Nos.2 and 4 are liable to answer the claim in question.  In view of the above discussion, the complainant has to established the deficiency of service on the part of opposite party Nos.2 and 4.  Accordingly, point No.1 is answered partly in the affirmative.
9. Point No.2:- In view of the findings recorded on point No.1, this Forum finds that opposite party Nos.2 and 4 are liable to refund the cost of the product i.e. Rs.27,500/- and also to pay compensation of Rs.10,000/- with litigation expenses of Rs.5,000/- to the complainant.  Hence, we pass the following order:-

:: O R D E R ::

1. The complaint is allowed in part.
2. The opposite party Nos.2 and 4 are jointly and severally hereby directed to refund the cost of product i.e. Rs.27,,500/- with interest at 18% p.a. from the date of this complaint i.e. 17.08.2017 till payment.  
3. The opposite party Nos.2 and 4 are jointly and severally hereby directed to pay compensation of Rs.10,000/- with litigation expenses of Rs.5,000/- to the complainant in 45 days of this order.   Failing which the opposite party shall pay interest at 12% p.a. on the said total sum of Rs.15,000/- from the date of this complaint i.e. 17.08.2017 till payment.     
4.  In case of default to comply this order, the opposite party Nos.2 and 4 to undergo imprisonment and also liable for fine under section 27 of the C.P.Act, 1986.
5. Give the copies of this order to the parties, as per Rules.

(Dictated to the Stenographer transcribed, typed by her, transcript corrected by us and then pronounced in open court on this the 4^th January 2019)