IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Saturday the 30th day of April, 2016
Filed on 11.01.2016
Present
1. Smt. Elizabeth George (President)
2. Sri. Antony Xavier (Member)
3. Smt. Jasmine D (Member)
in
CC/No.9/2016
Between
Complainant:- Opposite parties:-
Sri. Albin Thomas 1. The Manager
Kizhakkedom YU Televentures
Kanjippadam P.O. Block A, Plot No.21/14 Alappuzha Naraina Industrial Area
Phase 2, Delhi – 110 028
2. M/s. Getronics
Karthika Building
Oppo. SDV School
Alappuzha
O R D E R
SMT. JASMINE D. (MEMBER)
The facts of the complaint in short are as follows:-
The complainant purchased a mobile phone for an amount of Rs.6,999/- from the first opposite party through online on 18.6.2015. The product has one year warranty. On 31.10.2015 the battery of the said phone became defective and intimated to the opposite parties. The complainant contacted the opposite parties over telephone many times for getting it replaced. But the opposite parties failed to do so. Thereafter the complainant approached second opposite party directly. But the second opposite party intimated the complainant that they are not doing the service of first opposite party. The complainant could not use the mobile phone and thereby lost his many business also. The complainant sustained much mental agony and financial loss and hence filed this complaint seeking refund of the price of the mobile phone together with compensation and costs.
2. Notice was served to the opposite parties. But they did not appear before the Forum, hence opposite parties were set ex-parte.
3. The complainant filed proof affidavit and documents produced were marked as Exts.A1 to A8. The complainant also produced the mobile phone which was marked as MO1.
4. Considering the allegations of the complainant, the Forum has raised the following issues:-
1) Whether there is any deficiency in service on the part of the opposite parties?
2) Whether the complainant is entitled to get any reliefs?
5. Points 1 and 2:- The case of the complainant is that he had purchased a mobile phone for an amount of Rs.6,999/-. The product has one year warranty. During the warranty period the said phone became defective and the defect has been intimated to the opposite parties, but they failed to cure the defect. Hence filed this complaint.
6. Complainant filed proof affidavit and produced the documents which were marked Exts.A1 to A8 and MO1. Exts.A1 and A2 are the copy of the invoice dated 18.6.2014, Ext.A3 to A8 are the email messages between the complainant and the first opposite party. From the documents, it is clear that the said phone became defective during the warranty period. It is pertinent to note that the phone became defective immediately after 4 months from the date of purchase. According to the complainant he could not use the mobile phone. Even though first opposite party assured to replace the battery, they failed to provide the assured service. Therefore the opposite parties have committed deficiency in service. The complainant is entitled to get refund of the price of the mobile phone.
In the result, the complaint is allowed. The opposite parties 1 and 2 are directed to refund the price of the mobile phone Rs.7000/- (Rupees seven thousand only) to the complainant. The opposite parties are further directed to pay an amount of Rs.1000/- (Rupees one thousand only) towards compensation to the complainant. The complainant is directed to return the defective mobile phone to the opposite parties simultaneously. The order shall be complied within one month from the date of receipt of this order failing which the opposite parties shall further liable to pay interest @ 10% for the amount Rs.7000/- from the date of order till realization. There is no order as to costs.
Dictated to the Confidential Assistant, transcribed by her corrected by me and pronounced in open Forum on this the 30th day of April, 2016.
Sd/- Smt. Jasmine.D. (Member) : .
Sd/- Smt. Elizabeth George (President):
Sd/- Sri. Antony Xavier (Member) :
Appendix:-
Evidence of the complainant:-
Ext.A1& A2 - Copy of the invoice dated 18.6.2014
Exts.A3 to A8 - Email messages
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite party/S.F.
Typed by:- pr/-
Compared by:-
