By. Sri. Jose. V. Thannikode, President:
The complaint is filed under section 12 of the Consumer Protection Act against the opposite parties to get refund of the mobile set and get cost and compensation due to the supply of defective mobile set.
2. Brief of the complaint:- On 10.10.2013 complainant purchased a Gionee G2 Mobile phone (Batch No.861121022028221) for Rs.11,200/- from 3G Mobile World, Kalpetta, Wayanad District. Approximately ten months from the date of purchase the phone began to get overheated, on account of which complainant was unable to recharge the device for use. In October 2014 (ahead of the expiry of guarantee) complainant took the mobile back to 3G Mobile World at Kalpetta subsequently they sent it to Iva Systems city centre, Bathery, which is Gionee's authorized service centre in Wayand Distct. In few days dealer at Kalpetta returned the phone to complainant assuring that the defect had been rectified. On arrival home that day when complainant tried to charge the gadget complainant found to my dismay that the phone was still in the same condition in which complainant had taken it back to the dealer.
2. Complainant approached dealer for a second time once again they repeated the ritual of sending it to the service centre and returned the phone with a similar assurance. The phone was no better, and to make matters worse, thereafter the device could not retain power for any length of time. Although complainant contacted dealer at Kalpetta again they did not treat the matter with the seriousness it deserved. Complainant tried changing the battery, having bought a battery from the same Mobile shop, Kalpetta at price of Rs.1,000/, only to see that the problem persisted. Complainant went on changing batteries and recharging the device daily. Later in the first week of February 2015. Complainant took it to Fortune Service at Kozhikode which is Gionee's authorized Service Centre in Kozhikode District (Ground Floor, Merry land Square. Thiruthivad Road, Kozhikode-4) hoping to obtain better services. They told that they would examine the device and let me know in due course. Two days later complainant was informed that the board of the phone had a short circuit problem and since it was past the guarantee period it would cost, as much as Rs.4,000/- to replace the board. The following day when complainant got in touch with them. Complainant was advised to take it back home as it was beyond repair. Accordingly they sent it back to complainant through a friend of complainant but this time the phone was not in working condition. They promised that they would have another look at it, if it was made available at the Service Centre. Complainant's friend again took it back to Kozhikode but three weeks later complainant got back the phone and two batteries in such a condition that they could no longer be put to any use. Despite the fact that complainant had taken the phone to the Shop where complainant purchased it and from there to their authorized service centre will within the guarantee period, they neither repaired it nor provided complainant with a replacement. This happened through laxity on the part of dealer and is a clear violation of the terms specified in the guarantee statement. This has caused the complainant a great deal of pain and anguish and put to a lot of inconvenience, besides considerable financial loss. Hence complainant request that the court intervene in the matter so as to enable to recoup the losses that complainant have suffered. Hence filed this complaint.
3. Notices were served to opposite parties and opposite party No.1 appeared and filed version. Opposite parties No.2 to 4 not appeared and not filed version. Hence they were set ex-parte.
4. Opposite party No.1 filed version in short is as follows:- It is admitted that this opposite party have sold a Gionee G2 Mobile handset to the complainant on 10.10.2013. But the allegation in the complainant that the handset was having some defects like that the battery of the phone began to over heated while charging after 10 months from the date of purchase is not correct and this opposite party have no knowledge about the allegation put forward by the complainant. Further allegation that the complainant cannot recharge the battery of the handset due to defect of the battery is also a false story created by the complainant only for the purpose of filing this complaint. The complainant further falsely alleged that when he approached this opposite party with the defective handset. This opposite party sent him to the second opposite party is not correct. Complainant never approached this opposite party again with the same allegation. All other stories mentioned by the complainant in the complaint are unknown to this opposite parties. The allegation of the complainant that he went on changing the battery recharging the device daily and during the first week of February 2015 he took the handset to the third opposite party and they informed him that the board of the device having short circuit problem and since it was a post guarantee period it will cost of an amount of Rs.4,000/- etc are totally unknown to this opposite party. Because this opposite party never informed by the complainant about any of these defect of this device. What are the facts which are transparent between the complainant and the other opposite parties are totally unknown to this opposite party.
5. It is respectfully submits that the actual facts in this matter is that the complainant approached this opposite party stating certain recharge problem of the battery hence this opposite party directed him to 2nd opposite party for repairing the same. This opposite party was also informed that the warranty period of the handset is expired and no free service is entitled by the complainant with the 2nd opposite party. The defects found the handset is caused only due to the negligent using of the handset by the complainant without care and caution. It is respectfully submits that the complainant purchased this particular brand of handset as he own will and wish. Even though we are having a multi branded mobile handset in all International brands including Nokia, Samsung, Blackberry, Sony etc. he chosen the particular brand and model of his own wish and will. Since we neither done any unfair trade practice nor do any deficiency in service, we are not liable to refund the cost of handset and pay an amount of compensation as alleged by the complainant. Since the period of warranty is expires the complainant is not entitled to get free service from the authorized service centre of the handset. The allegation of the complainant is only with respect to the certain minor defect of the battery and he did not alleged any manufacturing defects of the handset. In this case the authorized service centre did not found any manufacturing defect this opposite party not in a position replace the handset. Since the opposite party never done any unfair trade practice nor a deficiency in service we are not liable to compensate any amount to the complainant. Since there is no evidence or allegations with respect to the manufacturing defect of the handset the complainant is not entitled for a replacement. The complainant is not entitled to get an order of getting replacement of handset moreover this opposite party no way liable to pay any amount of compensation as claimed by the complainant. Hence prayed to dismiss the complaint.
6. Complainant filed proof affidavit and stated as stated in the complaint and he was examined as PW1 and Ext.A1 to A4 is marked. MO's (3 Nos) is also marked ie the mobile set and accessories. Ext.A1 is the Invoice given by the opposite party No.1 to the complainant for Rs.11,200/-. Ext.A2 is the Job sheet issued by the opposite party No.2 to the complainant, which shows that it is entrusted to opposite party No.2 and the complaint is noted as Board short and Battery damage. Ext.A3 is the warranty card. Ext.A4 is the User guide of the disputed set. Opposite party No.1 is also filed proof affidavit and stated as stated in the version and he is examined as OPW1.
7. On perusal of complaint, version and documents the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service and unfair trade practice from the
part of opposite parties?
2. Relief and cost.
8. Point No.1:- Since the opposite party No.2 to 4 is ex-parte all the allegation leveled against the opposite party No.2 to 4 can be believed in toto. Opposite party No.1 is only a sales point, it is up to the opposite party No.2 to 4 to deny the allegations of the complainant. But opposite party No.2 to 4 remained ex-parte. Hence we found that there is a clear deficiency of service and unfair trade practice from the side of opposite party No.2 to 4. Hence the Point No.1 is found accordingly.
9. Point No.2:- Since the Point No.1 is found against the opposite party No.2 to 4, they are jointly and severally liable to refund the price of the mobile set and to pay cost and compensation and the complainant is entitled for the same.
In the result, the complaint is partly allowed and the opposite party No.2 to 4 are jointly and severally directed to refund the price of the mobile set ie Rs.11,200/- (Rupees Eleven Thousand and Two Hundred) and to pay Rs.3,000/- (Rupees Three Thousand) as compensation and Rs.2,000/- (Rupees Two Thousand) as cost of the proceedings to the complainant within one month from the date of receipt of this Order, failing which the complainant is entitled for an interest at the rate of 12% per annum for whole the amount till realization. On complying the Order the opposite party No.2 to 4 is at liberty to take back the MO's (3 Nos) from the Forum.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 8th day of August 2015.
Date of Filing:18.03.2015.
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. Sebastian. Complainant.
Witness for the Opposite Parties:-
OPW1. Jamsheer. Promotor, 3G Mobiles, Kalpetta.
Exhibits for the complainant:
A1. Invoice. Dt:10.10.2013.
A2. Copy of Job sheet.
A3. Warranty Card.
A4. User guide.
MO-1 Series. Mobile Phone and Accessories.
Exhibits for the opposite parties:-
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
