BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 3rd day of November 2011 Filed on : 13/01/2011
Present :
Shri. A Rajesh, President.
Shri. Paul Gomez, Member.
Smt. C.K. Lekhamma, Member
C.C. No. 26/2011
Between
Sherry P.J., : Complainant
Panuthara, (By Adv. Dileep Varghese &
Pena Pearl Apartments, Tesmy Dileep, Madathi Kunnel
Shenoy road, Kaloor, house, P.F. Road, Kaloor P.O.,
Cochin-17. Kochi-17)
And
1. The Branch Manager, : Opposite parties
Rep. Accel Frontline Services (party-in-person)
Ltd. Veekshanam road,
Ernakulam.
2. M/s. Sony Ericson mobile (2nd O.P. by adv. George Cherian
communications (India) Ltd., Karippaparambil, H.B. 48,
4th floor, Dhaka house, 18/17, Panampilly Nagar, Kochi-682 036)
WEA, Karol Bagh,
New Delhi-5.
(2nd O.P. impleaded as per
order in I.A. 368/11 dt. 27/06/2011. )
O R D E R
A Rajesh, President.
The case case of the complainant is as follows:
In April 2009 the complainant purchased a mobile handset manufactured by the 2nd opposite party. On 13-07-2010, the complainant entrusted his mobile handset with the 1st opposite party for its repairs. The 1st opposite party collected Rs. 150/- as repair charges. On 02-08-2010 the 1st opposite party intimated the complainant that he would have to pay Rs. 1,600/- to repair the hand set. . The subsequent defect of the mobile handset was due to the mistake on the part of the opposite party. On 24-10-2010 the complainant caused to issue a lawyer notice to the first opposite party demanding to pay the price of the hand set. But there was no response. Thus the complainant is before us seeking direction against the opposite parties to pay the price of the handset together with compensation of Rs. 5,000/- and costs of the proceedings. Hence this complaint.
2. Version of the 1st opposite party
The complainant gave the cell phone to the 1st opposite party to for certain repairs post warranty period. The 1st opposite party informed the complainant about the estimated cost of repair. The 1st opposite party tried its level best but could not repair the same in spite of their best efforts. The complainant at the time of handing over of the phone has given a declaration that he is submitting his phone subject to the conditions in the said declaration letter. After having given the said declaration the complainant has filed the present complaint on various frivolous grounds. 1st opposite party to dismiss the complaint.
3. Despite service of notice from this forum the 2nd opposite party did not turn up for reasons of their own. The complainant was examined as PW1 and Exts. A1 to A3 were marked on the side. Neither oral nor documentary evidence was adduced by the 1st opposite party. Heard the counsel for the complainant.
4. The points that emanated for consideration are as follows:
i. Whether the complainant is entitled to get the price of the mobile handset from the opposite parties?
ii. Compensation and costs of the proceedings.
5. Points Nos. i. Ext. A1 acknowledgement would show that on 13-07-2010 the complainant entrusted his mobile handset with the 1st opposite party for its repairs. On the same day the first opposite party collected Rs. 150/- from the complainant and it is endorsed in Ext. A1. According to the complainant in spite of issuance of Ext. A2 lawyer notice first opposite party neither return the mobile handset nor paid the price of the same. The 2nd opposite party is the manufacturer of the mobile handset and the first opposite party is working for and on behalf of them as their service provider. The 2nd opposite party is vicariously liable for the acts of the 1st opposite party. No explanation is forthcoming on the part of the opposite parties as to keeping in abeyance of the repair or replacement of the mobile handset of the complainant. Be that as it may since the complainant has not even noticed the price of the handset which he purports to have bought this Forum is at a loss to quantify the relief of the complainant as to the price of the disputed handset. Even then there is evidence to show that a consumer in this case the complainant has been wronged evidenced by Ext. A1. This Forum takes cognizance of the same. We are of the opinion that ends of justice would be met by directing the opposite parties to provide a brand new set to the complainant as evidenced in Ext. A1.
5. Point No. ii. Since the primary grievance of the complainant having been met adequately we order no compensation and costs.
6. Accordingly we allow the complaint in part and direct that the opposite parties shall jointly and severally hand over a brand new mobile handset to the complainant as per the specifications in Ext. A1 acknowledgement slip.
The above said order shall be complied with within a period of one month from the date of receipt of a copy of this order
Pronounced in the open Forum on this the 3rd day of November 2011
Sd/- A Rajesh, President.
Sd/-C.K. Lekhamma, Member.
Forwarded/By Order,
Senior superintendent.
Appendix
Complainant’s exhibits :
Ext. A1 : acknowledgement slip
A2 : lawyer notice dt. 27-10-2010
A3 : Postal receipt
Opposite party’s Exhibits : NIl
