Date of filing:19.7.2013.

                                                                                                                             Date of dispsal:24.10.2013.

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM - II:

VIJAYAWADA, KRISHNA DISTRICT

Present: SRI A. M. L. NARASIMHA RAO, B.SC., B. L., PRESIDENT

            SMT N. TRIPURA SUNDARI, B. COM., B. L., MEMBER.

                                   SRI S.SREERAM, B.COM., B.A., B.L.,            MEMBER         

THURSDAY, THE 24^th DAY OF OCTOBER, 2013

C.C.No.133 of 2013

Between:

M.Vijayalakshmi, D/o M.Venkata Rao, D.No.5-175, 1^st Floor, Uppara Bazar, Ramavappadu, Vijayawada.

                                                                                                                                   ….… Complainant.

AND

1. The Manager, Videocon Industries Ltd., (Sansui), 14 Km Stone, Aurangabad, Paithan Road, Village Chittagaon, Taluka Paithan, Aurangabad – 431105 India.
2. The Manager, M&M Technologies, Opp.Master’s shop, Eluru Road, Vijayawada.

.… Opposite Parties.

            This complaint coming on before the Forum for final hearing on 22.10.2013 in the presence of complainant appearing in person and opposite parties remaining absent and upon perusing the material available on record, this Forum delivers the following:

O R D E R

(Delivered by Hon’ble Member Sri S.Sreeram)

This complaint is filed by the complainant in person under Section 12 of the Consumer Protection Act, 1986 directing the opposite parties to pay the cost of phone i.e. Rs.2,500/-, to pay amounts towards mental agony and costs.

1.         The brief averments of the complaint are as follows:

            The complainant purchased the Sansui H50T Model Cell phone from Chiru's Cell Point and Computers, Vijayawada on 15.2.2012.  It is further submitted that the said cell phone was not being functioned and on 25.07.2013 the complainant approached the authorized service center i.e. Accel Care Center, Vijayawada and gave the said cell phone for repairs and the service center people asked the complainant to come after 15 days and later asked her to come after 5 days and further asked to come after one week and at last gave the cell phone.  But the defect was not rectified and when the complainant asked for the same, the service center people asked the complaint to take the cell or again give for repairs.  Accordingly the complainant gave the cell phone for repair and visited the service center after 25 days and received the phone.  It is further submitted that again the said cell phone got defect in touch screen and again on 9.1.2013, the complainant gave the cell phone to 2^nd opposite party which is authorized service center of 1^st opposite party for repair.  The 2^nd opposite party asked the complainant to come after 15 days and later asked her to come after one week and gave phone stating that the problem was rectified.  But the defect was not rectified.  On that the complainant left the said cell phone with the 2^nd opposite party, but the problem was not rectified and at present the cell phone is with the 2^nd opposite party. The complainant got issued a notice dt.9.3.2013 to the opposite parties 1 and 2 and the 1^st opposite party refused to receive the notice and 2^nd opposite party received the notice. But kept quiet.   Hence the complainant is constrained to file the present complaint.

2.         After registering the complaint, notices were sent to the opposite parties, but they did not turn up and remained absent.

3.         The complainant filed his affidavit and got marked Ex.A1 to Ex.A5. None is examined on behalf of opposite parties as they remained absent

4.         Heard complainant and perused the record.

5.         Now the point that arises for consideration in this complaint are:

1. Whether there is any deficiency in service on the part of the opposite parties 1 and 2 in not rectifying the defect of cell phone of complainant?

1. If so is the complainant entitled for the reliefs as prayed for?

Point No.1:-

6.         The admitted facts are that the complainant purchased the subject cell phone from Chiru's Cell Point and Computers on 15.2.2012 under Ex.A1 photocopy of cash bill for Rs.2,500/-.  It is also not in dispute that the said cell phone was manufactured by 1^st opposite party.  The main grievance of the complainant is that the said cell phone got display problem in the month of July, 2012 and she approached Accel Care Center, which is said to be the authorized service center of 1^st opposite party and after two months, they gave the phone. Ex.A2 photocopy of job sheet discloses the said fact.  Again in the month of January, 2013 the cell phone got touch problem and the complainant handed over the cell phone to 2^nd opposite party authorized service center of 1^st opposite party under Ex.A3 photocopy of job sheet, but the problem was not rectified by 2^nd opposite party even after the complainant wandered around the 2^nd opposite party.  As such the complainant left the phone with 2^nd opposite party and having vexed with their attitude, got issued notices and the 1^st opposite party refused to receive the same and 2^nd opposite party received the same, but kept quiet.  Ex.A4 photocopies of postal receipts and Ex.A5 photocopy of endorsements prove the same.

7.         A perusal of record discloses that, though the opposite parties 1 and 2 received the notices in the present complaint failed to make their appearance. Therefore, the claim of the complainant is deemed to be admitted by the opposite parties 1 and 2. Exs.A1 to Ex.A5 remained unquestioned and unchallenged.  Accordingly the complainant proved her case.  As per the complainant, though she gave the cell phone to service center people several times, the problem was not rectified.  As such, it is clear that the cell phone has got manufacturing defect, which was not even rectified by the service center.  Hence, the 1^st opposite party being the manufacturer and 2^nd opposite party being the authorized service center are liable to make good the loss caused to complainant apart from compensation for mental agony and costs.

8.         According to Section 2(1) (g) of the Consumer Protection Act any fault or imperfection or short coming in its quality, potency, performance or standard which is required to be maintained by under any Law for the time being in force or as is claimed by a trader in any manner whatever in relation to any goods comes within the mischief of defective goods.  As per Section 14(1)(a) & (b) the buyer is entitled to remedy by way of either removal or defect or by way of replacing the goods with similar description or by way of return of the price or charges paid by the consumer.

POINT No.2:-

9.         In the result, the complaint is allowed partly and the opposite parties 1 and 2 are directed to pay Rs.2,500/- (Two thousand and five hundred rupees only) to the complainant and also to pay Rs.1,000/- (One thousand rupees only) towards compensation for mental agony and Rs.500/- (Five hundred rupees only) towards costs of the complaint.  The other claims of complainant are hereby dismissed. Time for compliance is one month from the date of receipt of this order.  As the cell phone is with 2^nd opposite party as per version of complainant, the 2^nd opposite party is directed to return the cell phone to 1^st opposite party.

Typewritten by Stenographer K.Sivaram Prasad, corrected by me and pronounced by us in the open Forum, this the 24^th day of October, 2013.

PRESIDENT                                                   MEMBER                                          MEMBER

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

For the complainant:                                                                     For the opposite parties:-

P.W.1  M.Vijayalakshmi                                                                                   None

         Complainant

        (by affidavit)                                                                         

DOCUMENTS MARKED

On behalf of the complainant:

Ex.A.1            15.02.2012    Photocopy of Cash bill issued by Sri Chiru’s Cell Point & Computers, Vijayawada for Rs.2,500/-.

Ex.A.2            25.07.2012    Photocopy of Customer Acknowledgement issued by Accel Care Centre, Vijayawada.

Ex.A.3            09.01.2013    Photocopy of Job Sheet.

Ex.A.4            09.03.2013    Photocopies of two Postal receipts.

Ex.A.5                .    .              Photocopy of address of the cover.

For the opposite parties:

            Nil.

                                                                                                                        PRESIDENT