By. Sri. Jose. V. Thannikode, President:-
Brief of the complaint:- On 22.08.2011 the complainant purchased a Samsung GT-C3530 mobile phone (IMEI No.355412042614311) from the 2nd Opposite Party. After three months of purchase the phone was defective. As per the direction of the opposite party No.2 the complainant entrusted the mobile phone with the customer care center. From there they changed the software of the mobile phone. But the defect was still there. For the same defect he has produced the mobile phone 5 times in the service center. Thereafter also the defect was there. When the warranty period expires the opposite party told that since the phone is not produced when it was in defect so they cannot do anything. But the defect is not at all times it is appeared recurrently. And they advised the complainant to change the sim card. As per the direction the complainant changed his sim, but the defect was there. So the complainant told the opposite party to inform the defects to the manufacturer and to issue a new handset. But the opposite party is not ready to replace the mobile phone. During the warranty period the complainant approached the opposite party for 6 to 7 times and spent Rs.500/- for his expenses. Hence it is prayed that the Honorable Forum may direct the opposite party to give back Rs.4,050/- the cost of the mobile phone and Rs.2,000/- as cost and Rs.1,000/- as compensation with 12% interest.
2. Notices were served on Opposite parties No.1 & 2. But the Opposite Parties were not appeared before the Forum and not filed their version even though time is granted to them to file their version. Hence the Opposite Parties are set exparty and proceeded with the case.
3. On considering the complaint, affidavit and documents produced by the complainant the following points are to be considered:-
1. Is there any deficiency in service on the part of the opposite parties?
2. Relief and Cost.
4. Point No. 1:- To prove the complainant’s case he has filed his proof affidavit and Ext.A1, Ext.A2 are marked and MO 1 are produced in the Forum. In the proof affidavit he stated as stated in the complaint. Ext.A1 is the copy of the retail invoice issued by the opposite party No.2 to the complainant. Which shows that he has purchased a Samsung Mobile phone for Rs.4,050/-. Ext.A2 is the service request issued by the opposite party No.1 to the complainant.
5. On perusing the same it is found that the mobile phone entrusted with opposite party No.1 on 17/08/2012 . On considering the affidavit and the above documents it is found that the complainant has purchased a mobile phone from Opposite Party No.2 and the Opposite Parties are not cured its defects when the complainant approached them with the mobile phone. That is deficiency in service on the part of the opposite parties No.1 and 2. Point No.1 is found accordingly.
6. Point No.2 :- The complainant is entitled to get back the cost of the mobile phone that is Rs.4,050/-. He is also entitled to get Rs.1,000/- as cost and compensation. When the Opposite parties are complying the Order of this Forum they can obtain the M.O. 1 from the Forum. Point No.2 is decided accordingly.
In the result the complaint is partly allowed. Opposite parties are directed to pay Rs.4,050/- (Rupees Four Thousand and Fifty Only) to the complainant as cost of the Samsung GT-C3530 Mobile phone and they are also directed to pay Rs.1,000/- (Rupees One Thousand Only) as cost and compensation. When complying the Order the Opposite parties can obtain the M.O.1 (Mobile phone) from this Forum. This is to be complied by the Opposite Parties within 30 days from the date of receipt of this Order.
Pronounced in Open Forum on this the day of 27th March 2013.
Date of Filing:07.09.2012.
