DATE OF FILING:14/09/2015
BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI
Dated this the 30th day of June, 2016
Present :
SRI. S. GOPAKUMAR PRESIDENT
SMT. LIZAMMA ABRAHAM. K. MEMBER
SRI. BENNY. K. MEMBER
CC NO.266/2015
Between
Complainant : Biju.R.Naduviledath,
Olamattom,
Thodupuzha.P.O, Idukki - 685 584. And
Opposite Parties : 1. The Manager/Proprietor,
Mobile Palace,
Near Gandhi Square,
Thodupuzha.P.O, Idukki - 685 584.
2. Samsung India Electronics Pvt. Ltd.
A25, Ground Floor, Front Tower,
Mohan Co-operative Industrial Estate,
New Delhi - 110 044.
O R D E R
SRI. BENNY. K(MEMBER)
Complainant had purchased a mobile phone SM-Z130 HZKDINS model from the 1st opposite party which was manufactured by the 2nd opposite party. The cost paid was Rs.5,990/- and they provide warranty for one year for any manufacturing defects and 6 months warranty for the battery.
On 30/6/2015 the phone exploded with a huge sound and the battery blow off from the phone. This matter was informed to the opposite party and they provide a battery. But the phone is not getting charged proeprly and a sound is coming from it and is not working properly. This matter was again informed to the opposite parties but they are not ready to rectify the defects of the phone, hence the complainant approached this Forum for the unfair trade practice and for getting compensation for the same.
The point for consideration is whether there is any deficiency in service from the part of the opposite parties and if so, for what relief the complainant is entitled to ?
Complainant filed affidavit and Ext.P1 and Ext.P2(series) MOl marked. 1st opposite party set exparte, 2nd opposite party not adduced any evidence.
(cont......2)
- 2 -
The Points:- Heard. The complainant filed affidavit. The complainant had purchased a mobile phone SM-Z130 HZKDINS for Rs.5,990/- from the 1st opposite party on 6/3/2015 manufactured by the 2nd opposite party. The opposite party provided warranty for one year for any manufacturing defects and six months warranty for the battery. Ext.P1 marked.
But after a few days of purchase the phone explode with a huge sound. This matter was informed the opposite parties. The oppsotie parties provided a new battery, but still it is not working properly a sound is coming from it and is not being charged fully. This matter was informed to the opposite parties several times Exts.P2(series) but they are not ready to change or rectify the defect of the phone. This act of the oppsotie parties are unfair trade practice and they have to compensate for the same, and for mental and financial loss suffered.
In spite of the notices, 1st opposite party never turned up and 1st opposite party set exparty. 2nd opposite party appeared and not filed any written version and not contested the case. Opposite parties never adduced any evidence before the Forum and has no contention against the allegations of the complaint. Denying after sale service is a clear case of unfair trade practice. Complainant has to suffer severe mental, financial hardships, which is also to be compensated.
Hence petititon allowed. Opposite parties are directed to replace the mobile phone with a new one with the same specifications to the complainant or to return the amount collected within 30 days of the receipt of this order. Opposite parties are also directed to pay Rs.5,000/- as cost and compensation for mental and financial loss within 30 days of the receipt of a copy of this order, failing which the amount shall carry 12% interest per annum from the date of default.
Pronounced in the Open Forum on this the 30th day of June, 2016.
Sd/-
SRI. BENNY. K (MEMBER)
Sd/-
I agree SRI. S.GOPAKUMAR (PRESIDENT)
Sd/-
I agree SMT. LIZAMMA ABRAHAM. K (MEMBER)
(cont......3)
- 3 -
APPENDIX
Depositions :
Nil.
Exhibits :
On the side of the Complainant :
Ext.P1 - Warranty card
Ext.P2(series)- Acknowledgement of service request
On the side of the Opposite Party :
Nil
