Karnataka

Belgaum

CC/31/2015

Ashok R Divatagi - Complainant(s)

Versus

THE CEO Pradeep Jain, Karbon Mobiles And Tablets - Opp.Party(s)

M B Patil

15 Jun 2015

ORDER

(Order dictated by Smt. S.S. Kadrollimath, Member)

ORDER

          U/s. 12 of the C.P. Act, the complainant has filed the complaint against the O.Ps. alleging sale of defective mobile hand set.

          2) O.Ps. in-spite of service of notices, have remained exparte.

          3) In support of the claim of the complaint, the complainant has filed affidavit and produced some documents.

4) We have heard the arguments of the complainant and have perused the records.

          5) Now the point for our consideration is that whether the complainant has proved sale of defective mobile hand set by the O.Ps. as well as deficiency in service and that he is entitled to the reliefs sought?

          6) Our finding on the point is partly in affirmative, for the following reasons.

:: R E A S O N S ::

            7) The complainant has claimed that he purchased Karbonn Tablet- S T-9 (Marvel) mobile from the O.P. No.2 dealer for a sum of Rs.6,833.45/- on 11/10/2013. Said hand set has defects. The complainant used the said tablet as per the instruction given by O.P.No.2 and instruction given in the manual. When the complainant used that tablet complainant faced problems in the using tablet on and often. The complainant brought this notice to O.P.2 and for which the O.P.2 instructed complainant to approach the company’s service centre that is O.P.3 and get rectify the problem. As per the instruction of O.P.2 the complainant approached O.P.3 on 26/9/2014 for repair of the said mobile hand set under job No. K77312914, the O.P.3 received the mobile and gave assurance of repair. After that the complainant approach O.P.3 more than 30 to 40 times but the O.P.3 has not responded properly he has returned the tablet duly repaired till today. After some days the O.P.3 told the complainant that the tablet will not be replaced and the tablet is sent to the company for replacement. But till today O.p.3 and O.p.2 have not replaced the said defective tablet. Hence the complainant issue legal notice to the O.Ps. thereby calling upon the O.Ps. 1 to 3 to provide new mobile hand set or returned cost of the mobile with interest for legal notice also the O.Ps. nor replied or replaced the mobile hand set. Hence the complainant is constrained file this complaint.

          8) The facts referred to in the above paragraph are pleaded in the complaint and stated by the complainant in affidavit. The O.Ps. inspite of service of the notice has not appeared before the forum and not denied or disputed the claim of the complainant. Considering the material on record including the document, absolutely we have no reasons to disbelieve the statement of the complainant made on oath in the affidavit. So also, we have no reasons to doubt the claim of the complainant. The complainant in the present case has produced the job sheet for handing over the mobile for service at the service center i.e., to the O.P. 3. The complainant has issued the legal notice to the O.Ps. and the same are duly served but the complainant has contended that the O.Ps. have not replied to the legal notice and moreover the O.Ps. despite of receipt of notice issued by this forum have remained absent and placed exparte.

          9) Thus, the complainant has proved sale of the defective mobile hand set by the O.Ps. and further, the complainant has proved that in-spite of the requests made, the O.Ps. or customer care failed to remove defects and to redress grievance of the complainant.

          10) Accordingly, following order.

ORDER

          Complaint is partly allowed.

The O.P. No. 1 to 3 are hereby directed to replace the Karbonn Tablet- S T-9 (Marvel) mobile handset which is in dispute within one month from the date of order of same model or if the mobile handset is not replaced as ordered the O.Ps. are hereby directed to refund the entire price of the hand set amounting of Rs.7,212/- to the complainant, within one month from the date of the order, failing which, amount will carry interest at the rate of 10% P.A. thereon.

The O.P. No. 1 to 3 are hereby directed to pay Rs.2,000/- towards cost of the proceedings.

          (Order dictated, corrected and then pronounced in the open Forum on: 15^th June 2015)

            Member                  Member                    President.

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