IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Tuesday the 17th day of March, 2020
Filed on 11.12.2019
Present
1. Sri.S.Santhosh Kumar, Bsc.LLB(President)
2. Smt. Sholly.P.R LLB(Member)
3. Smt. C.K.Lekhamma LLB(Member)
In
CC/No.331/2019
Between
Complainant:- Opposite party:-
Sri. Sadik Bhasha.K.A The Manager
Baith Rahma Sonic Systems.
Canal Ward Pulimoottil Trade Center
Alappuzha-688007 Ammankovil Road
Mullackal, Alappuzha-688011
O R D E R
SRI. S. SANTHOSH KUMAR (PRESIDENT)
Complaint filed u/s 12 of the Consumer Protection Act. 1986.
1. Material averments in brief are as follows:-
On 28/3/2019 Complainant purchased a mobile phone Redmi GO 1GB+8GB IME(MEID) 862290045654957 for an amount of Rs.4449/- online. While he was using the phone after 4 months when he was travelling in a train there was signal complaint. After concluding the journey he switched off the mobile phone and switched on and while so he received the signal. Again while during Nov 2019 also there was a signal complaint. On 28. 11. 2019 he contacted the Opposite party who is the authorized agency at Alappuzha. The technician inspected the phone and told that there is water inside the phone. They cannot give warranty and demanded an amount or Rs. 3000/- for repairing the phone.
2. On 3/12/2019 complainant sent a notice to the Opposite party requesting to repair the phone under warranty. A reply notice was received stating that out of the total amount required ie Rs. 3028/- they will give 30% reduction on the value of spare parts. There was no reason to get water inside the phone. The acts of the Opposite party not repairing the phone under warranty scheme, is not proper and hence the complaint is filed for receiving compensation of Rs. 3000/-, for an order to repair the phone and for costs of Rs. 1000/-.
3. Notice along with the copy of complaint was forwarded to the Opposite party by registered post. Though notice was received Opposite party remained exparte. Complainant filed an affidavit and marked Ext.A1 to A3.
4. Points for determination are :-
1. Whether there is any deficiency in service from the part of the Opposite
party and if so complainant is entitled for compensation?
2. Whether the complainant is entitled to get an order to repair the pone
free of cost under the warranty scheme?
3. Reliefs and Costs?
5. Point No. 1 and 2:-
For the sake of convenience these points are considered together. The case of the complaint is that on 28/3/2019 he purchased a mobile phone of M/s. Shavomi India pvt Ltd. for an amount of Rs. 4449/- online. Within a period of 8 months from the date of purchase the mobile phone showed complaint and so he approached the Opposite party who is the service agency of the mobile company. After inspecting the phone the technician demanded Rs. 3000/- for repairing the phone which was not acceptable to the complainant since it was warranty period. For a notice issued by the complainant the Opposite party sent a reply notice stating that out of total amount of Rs 3028/-, they are ready to give reduction at the rate of 30% on the spare parts. Being aggrieved by the act of the OP the complaint is filed seeking reliefs. Ext.A1 is the copy of invoice dtd. 25/3/2019 for Rs. 4449/-. Ext.A2 is the service record issued from the OP stating that Rs. 3028.55/- is required to repair the phone. Ext.A3 is the copy of notice sent by the complainant to the Opposite party. From the proof affidavit coupled with Ext.A1 to A3 documents the complainant’s case stands proved. Ext.A1 is bill dtd. 25/3/2019 for Rs. 4449/- and Ext.A2 is Service Record dtd. 28/11/2019 for an amount of Rs. 3028.55/- being the repair charges of the phone. It will show that the phone become faulty within a period of 8 months from the date of purchase that is within the warranty period. In the circumstances it can be seen that there is deficiency in service. Since amount was claimed for repairing the phone during warranty period, the complainant is entitled to get the phone repaired free of cost. He is also entitled to get an amount of Rs. 2000/- as compensation and also entitled to get Rs.500/- as costs.
These points are found accordingly.
6. Point No. 3:-
In the result compliant is allowed.
A. Opposite party is directed to repair the mobile phone purchased as per Ext.A1 invoice free of cost within a period of one month from the date of order.
B. Opposite party is directed to pay an amount of Rs. 2000/- as compensation and Rs. 500/- as costs to the complainant within one month. In the event of default the complainant is entitled to get interest at the rate of 9% per annum for the amount.
Dictated to the Confidential Assistant, transcribed by him correct by me and pronounced in open Forum on this the 17th day of March, 2020.
Sd/-Sri.S.Santhosh Kumar(President)
Sd/-Smt. Sholly.P.R.(Member)
Sd/-Smt. C.K.Lekhamma(Member)
Appendix:-Evidence of the complainant:-
Ext.A1 - Copy of Tax Invoice dtd.25/3/2019
Ext.A2 - Service Record dtd.28/11/2019
Ext.A3 - Copy of Notice sent by the complainant to the opposite party.
Ext.A4 - Copy of the letter sent by the complainant to the OP along with the
certificate dtd. 27/1/2014 issued by the Dr. R.V.Ramlal.
Evidence of the opposite parties:-Nil
// True Copy //
To
Complainant/Oppo. party/S.F.
By Order
Senior Superintendent
Typed by:- Br/-
Compared by:-
