By. Sri. Chandran Alachery, Member:
The complaint is filed U/s 12 of the Consumer Protection Act of 1986 for an Order directing the opposite party to replace the defective mobile set with a new one.
2. The case of the compliant in brief as follows:- The complainant purchased a Samsung Mobile phone set No.56101C from the opposite party on 29.02.2012. The opposite party gave one year warranty to the set. After one week of purchase the handset became defective and the opposite party repaired it. Again the mobile set became defective five times within a period of 6 months of purchase. On all these occasions the opposite party repaired the same. Again the keypad of the set became defective and the complainant entrusted the set with the opposite party and the opposite party promised to replace the set within 10 days. But the opposite party did not replace it. Without replacing the set the opposite party gave the same set to the complainant. So the act of the opposite party is unfair trade practice. The act of the opposite party caused muchhardships and loss to the complainant. Aggrieved by this, the complainant preferred the complaint.
3. On receipt of complaint, Notice was issued to the opposite party and the opposite party received the Notice on 05.12.2012. But the opposite party not appeared before the Forum, hence the opposite party was set ex-parte on 07.01.2013. On going through the complaint and proof affidavit of complainant, the Forum raised the following points for consideration:-
1. Whether there is any deficiency in service on the part of the opposite party?
2. Relief and Cost.
4. Point No.1:- The complainant filed chief affidavit, which contains all the averments as stated in the complaint. The complainant is examined as PW1, and MO 1 (mobile set with charger) is marked. The complainant could not produce the Bill to prove the purchase of handset from the opposite party since it is lost from the complainant. So the complainant filed one I.A. No.223/2013 before the Forum for an Order directing the opposite party to produce the Bill book during the period of purchase ie on 29.02.2012. On the Order in I.A. No.223/2013, the Forum again issued Notice to the opposite party for the production of documents. That Notices was also served to the opposite party on 12.10.2013. But the opposite party not responded to it also. So the Forum found that the very act of the opposite party creates as adverse inference against the opposite party. There is an implied meaning that the opposite party deliberately evaded the appearance before this Forum with an intention to escape from the liability. There is noting to disbelieve the case of the complainant unless and until contrary evidence is produced. On perusal of the MO1 handset, the Forum convinced that the mobile set is defective in its functioning. The complaint is filed within the period of warranty also. So the Forum found that there is unfair trade practice and deficiency of service from the side of the opposite party. The Point No.1 is found accordingly.
5. Point No.2:- Since the Point No.1 is found in favor of complainant, the complainant is entitled to get the cost and compensation and opposite party is liable to pay the cost and compensation.
In the result the complaint is partly allowed and the opposite party is directed to replace the handset of Samsung Mobile vide No.56101C which is purchased by the complainant from the opposite party with a new mobile handset with the same model and value and to pay Rs.500/- (Rupees Five Hundred) only as compensation and Rs.1,000/- (Rupees One Thousand) only as cost of this proceedings. The opposite party shall comply the Order within 30 days from the date of receipt of this Order. Thereafter the complainant is entitled for an interest @ 12% per annum for all amount including cost of mobile. The opposite party is at liberty to take back the old set from the complainant.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 19th day of February 2014.
Date of Filing:21.11.2012.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainants:
PW1. Aji. V. R (Chief Affidavit). Complainant.
Witness for the Opposite Parties:
Nil.
Exhibits for the complainant:
MO1. Mobile Phone.
Exhibits for the opposite Parties.
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
