IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Saturday the 30th day of January, 2016
Filed on 29.09.2015
Present
1. Smt. Elizabeth George (President)
2. Sri. Antony Xavier (Member)
3. Smt. Jasmine D (Member)
in
CC/No.290/2015
Between
Complainant:- Opposite party:-
- Sri. Firoz, S/o Thaha The Manager
P.V. House, Pallickal P.O. Saaya Mobiles
Kattachira Link Road, Kayamkulam
Alappuzha
- Sri. Kattachira Thaha
-do- -do-
O R D E R
SMT. JASMINE D. (MEMBER)
The facts of the complaint in short are as follows:-
The complainant approached the opposite party for purchasing a new phone. The opposite party induced the complainant to buy Aura Karbonn phone and accordingly the complainant purchased the said phone for an amount of Rs.5,100/- on 14.8.2015 and the opposite party assured one year warranty for the product. The very next day from the date of purchase of the product, it became functionless. The defect was intimated to the opposite party. But the opposite neither rectified the defect nor replaced the product. The complainant also sent a legal notice to the opposite party. But the opposite failed to provide proper service to the complainant. Hence the complaint is filed seeking either to refund the price of the mobile phone or to replace the mobile phone.
2. Notice was served to the opposite party. Even though opposite party appeared before the Forum, they did not file any version and also absent for the subsequent proceedings. Hence opposite party was set ex-parte.
3. Based on the allegations of the complainant, the Forum has raised the following issues for consideration:-
1) Whether there is any deficiency in service on the part of the opposite party?
2) Whether the opposite party is liable to pay compensation or costs of the proceedings?
5. Points 1 and 2:- The case of the complainant is that the complainant approached the opposite party to purchase a mobile phone. The opposite party induced the complainant to purchase ‘Aura Karbonn’ phone and the complainant purchased the said phone. For an amount of Rs.5,100/-. The opposite party assured one year warranty for the said phone. The phone became defective on the very next day of the date of purchase itself and the defect was intimated to the opposite party, but the opposite party failed to rectify the defect or to replace the product. The complainant sent a lawyer’s notice to the opposite party, but his grievance has not been redressed, hence filed this complaint.
6. Complainant produced 4 documents and the mobile phone. The documents which were marked as Exts.A1 to A4 and the product was marked as MO1. Ext.A1 is the invoice dated 14.8.2015. From this it can be seen that the complainant purchased a Aura Karbonn mobile phone from the opposite party on 14.8.2015 for an amount of Rs.5,100/-, Ext.A2 is the legal notice dated 26.8.2015, Ext.A3 is the reply notice dated 3.9.2015 and Ext.A4 is the warranty card. From the documents, it was clear that the product became defective immediately after the date of purchase and the product is under warranty and the defect was intimated to the opposite party. The complainant produced the mobile phone before the Forum. According to the complainant he could not use the mobile phone. Sufficient opportunities were given to the opposite party for rectifying the defect, but they failed to do so. It is pertinent to note that the mobile phone became defective immediately after the date of purchase of the product. The allegation of the complainant has been proved by supporting documents. Since the opposite party failed to repair or replace the product even after getting an intimation amounts to deficiency in service. Since the opposite party has committed deficiency in service, they are liable to refund the price of the product along with cost of the proceedings. +So the complaint is to be allowed.
In the result, the complaint is allowed. The opposite party is directed to refund the price of the mobile phone as Rs.5,100/- (Rupees five thousand and one hundred only) to the complainant. The opposite party is further directed to pay an amount of Rs.500/- (Rupees five hundred only) towards costs of the proceedings to the complainant. The order shall be complied within one month from the date of receipt of this order. Failing which the amount of Rs.5,100/- shall carry interest @ 10% per annum from the date of complaint till realization.
Pronounced in open Forum on this the 30th day of January, 2016.
Sd/- Smt. Jasmine.D. (Member) : .
Sd/- Smt. Elizabeth George (President):
Sd/- Sri. Antony Xavier (Member) :
Appendix:-
Evidence of the complainant:-
Ext.A1 - Invoice dated 14.8.2015
Ext.A2 - Copy of the legal notice dated 26.8.2015
Ext.A3 - Copy of the reply notice dated 3.9.2015
Ext.A4 - Warranty card
Evidence of the opposite party:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- pr/-
Compared by:-
