DISTRICT CONSUMER DISPUTES REDRESSAL FORUM  PALAKKAD

Dated this the  31^th   day of October 2017

Present   : Smt.Shiny.P.R. President

               : Smt.Suma.K.P.  Member                                 Date of filing:  07/08/2017

               : Sri.V.P.Anantha Narayanan, Member

   (C.C.No.116/2017)

K.Sarojini,

D/o Knadan & W/o Viswanathan,
Sree Krishan Nivas,

Maruthalaparambu, Peruvemba (Po).                               

Palakkad 678 531.                                                   -        Complainant

(By party in person)

 V/s

1.  The Manager,

     Optima Techno care,

     1^st Floor, Kareem Sons Building,

     Mathakovil Street, Sulthanpet,

     Palakkad 678 001.

2.  Fone 4 Communication (India) Pvt. Ltd,

    15/513, P&G Towers,

    Stadium By Pass Road, Palakkad, 678 001.

                                                                             -        Opposite parties

O R D E R

By Smt.Suma.K.P. Member,

          On 17.06.2016 the complainant purchased a mobile phone from the 2^nd opposite party manufactured by LG spirit 4G Black Titan with IMEI No.359183060298230.  After using it for about 10 months she noticed that, while charging the body gets heated.  Since there was one year warranty provided for the above phone, she handed over the phone to the nearest LG authorized service centre which is the 1^st opposite party herein for repairs.  When the complainant enquired about the repairs the 1^st opposite party informed that the said phone was lost from the service centre.  The 1^st opposite party also informed that they have registered a complaint before the police and they need ten days time more.  After one month she enquired about it to the 1^st opposite party and they informed that since it has been irrecoverably lost they will pay an amount of Rs.2,500/- towards it.  The complainant submits that she had not even used the above phone for a period of one year, and the amount offered by the 1^st opposite party was not at all satisfactory.  She also alleges that the above act of the opposite party amounts to deficiency of service on their part and they are bound to compensate for the same.  Hence she had approached before this Forum seeking an order to direct the 1^st opposite party to pay the cost of the above phone along with compensation and cost of this proceedings. 

Complaint was admitted and notice was issued to the opposite parties for appearance.  Both the opposite parties remained absent inspite of accepting notice from the Forum.  Hence they were called absent and set ex-parte.  Complainant filed chief affidavit along with documents.  Exts.A1 to A4 were marked from the side of the complainant.  Evidence was closed and the matter was heard.

The following issues that arises for consideration are.

1.Whether there is any deficiency of service from the part of opposite parties ?

2.If so what are the relief and cost?

Issues No.1 & 2

It is obvious form Ext.A1 that the complainant had purchased the

alleged phone from the 2^nd opposite party on 17.06.2016 for an amount of Rs.8,200/-.  It is also evident from Ext.A2 that she has handed over the above phone for repairs to the 1^st opposite party and the above phone is under warranty for a period of one year which is evident from Ext.A4.  Since there is no contra evidence to disprove the allegations stated in the complainant, the above complaint is allowed and we direct the 1^st opposite party to pay an amount of Rs.8,000/- (Rupees eight thousand only) towards the cost of the above phone along with Rs.2,000/- (Rupees two thousand only) for the mental agony suffered by her and also towards the cost of this proceedings.

The afore said amount shall be paid within one month from the date of receipt of this order failing which complainant will be entitled to realize interest at the rate of 9% p.a for the afore said amount from the date of order till realization. 

Pronounced in the open court on this the 31th  day of October 2017.

                                                                                                                                 Sd/-

                      Shiny.P.R.

                      President 

                           Sd/-    

                      Suma.K.P.

                      Member

                           Sd/-

    V.P.Anantha Narayanan

                    Member

Appendix

Exhibits marked on the side of complainant

Ext.A1  -  Original Tax Invoice/Tax Receipt No.462 dated. 17.06.2016

               of Fone 4 Communication (India) Pvt. Ltd.

Ext.A2  -  Date and address receive from service centre (16.05.2016)

Ext.A3  –  Address of Optimus Techno care with phone number

Ext.A4 -  Warranty Card

Exhibits marked on the side of Opposite parties

Nil

Witness examined on the side of complainant

Nil

Witness examined on the side of opposite party

Nil

Cost   

          Rs.2,000/-