IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Wednesday the 30th day of November, 2016.
Filed on 23.07.2016
Present
- Smt. Elizabeth George (President)
- Sri. Antony Xavier (Member)
- Smt. Jasmine D (Member)
in
C.C.No.241/16
between
Complainant:- Opposite parties:-
Sri. Nireesh. R 1. The Manager
S/o Raveendran Sony India Ltd, 2nd Floor,
Namikrishna Kripa Muscat Tower
Poonthoppu Ward Sahodaran Ayyappan Road
Avalookkunnu.P.O Kadavantra, Kochi-682020
Alappuzha
2. The Manager
Madona Care Centre,
Allans Cube, Paradise Road
Janatha Junction, Vytila
Cochin-682020
O R D E R
SMT. JASMINE D. (MEMBER)
The case of the complainant in short is as follows:-
The complainant purchased a mobile phone manufactured by the 1st opposite party for an amount of Rs.20, 900/- on 24/7/2015. The product has1year warranty. The complainant purchased the said phone by attracting the advertisement given by the opposite party. The phone became defective immediately after 1 month from the date of purchase the product and entrusted to the authorized service center of the opposite party at Alappuzha and as per their direction the phone was handover to the 2nd opposite party. 2nd opposite party after inspection informed the complainant that the set can’t be repaired and they provided another phone on 10/09/2015. After 3 months that phone also became defective. Even though the 2nd opposite party repaired it many time the defect persisted and the complainant could use the phone. According to the complainant the said phone is defective from the very beginning and the 2nd opposite party could not rectify the defect properly. The complainant sustained much mental agony and hence files this complaint.
2. Notices were served to the opposite party. Opposite party appeared before the Forum, but they did not file any version and also absent for the subsequent proceedings hence Opposite party 1 and 2 were set ex-parte.
Complainant filed proof affidavits and documents Ext.A1 and A5 were marked the complainant produce the mobile phone before the Forum which was marked as Ext MO1.
3. Considering the allegation of the complainant and Forum has raised the following issues.
- Whether there is any deficiency in the service of the Opposite Parties?
- Whether the complainant is entitled to get the relief as prayed for?
4. The case of the complainant is that the complainant purchased a mobile phone manufactured by the 1st opposite party on 24/7/2015 for an amount of Rs. 20,900/- The product has 1yr warranty. During the warranty period the product became defective on many occasions. Even though the 2nd opposite party repaired it many time the defect was not rectified properly and the defect persisted. According to the complainant he could not use the mobile phone due to its recurring defects. Hence this complaint.
5. The complainant filed proof affidavit and documents Ext A1 - A5 were marked and the complainant produced the mobile phone before the Forum which was marked as Ext.MO1. Ext.A1 is the bill dated 24/7/2015. ExtA2 is the service bill dated 10/9/2015 and Ext A3 is the service bill date 9/6/2015. Ext A4 and A5 are the copy of e-mail. Ext.A1 evidencing that the complainant had purchased a Sony Xperia M4 for an amount of Rs. 20,900/- a 24/7/2015. From Ext A2 and A3 it is crystal clear that the phone became defective on different occasions and it is pertinent to note that the phone became defective immediately after one month from the date of purchase of the mobile phone admittedly the defect arose within the warranty period and the opposite parties failed to rectify the defect properly. The complainant proved his case by supporting documents hence we hold that there is deficiency in service on the part of the opposite parties. Therefore the complainant is entitled to get the refund of price of the mobile phone and the opposite parties are jointly and severally liable for the same. So the complaint is to be allowed.
In the result the complaint is allowed. The opposite parties are directed to refund the price of the mobile phone Rs.20, 900/- to the complainant. The opposite parties are further directed to pay an amount of Rs.1000/- towards cost of proceedings. The order shall be complied within one month from the date of order failing which the amount Rs.20,900/-[Rupees Twenty Thousand Nine Hundred only] shall carry interest @ 9% per annum from the date of order till realization on compliance of the order the opposite parties can collect the mobile phone from the office of the Forum.
Pronounced in Open Forum on this the 30th day of November, 2016.
Sd/-Smt. Jasmine D (Member)
Sd/-Smt. Elizabeth George (President)
Sd/-Sri. Antony Xavier (Member)
Appendix:-
Evidence of the complainant:-
Ext.A1 - Bill dtd. 24/7/2015
Ext.A2 - Service bill Dtd: 10/09/2015
Ext.A3 - Service bill Dtd: 09/06/2016
Ext.A4 & Ext.A5 – Copy of e-mail
MO1 - Mobile phone
Evidence of the opposite party:- Nil
-//True copy//-
By Order,
Senior Superintendent.
To
Complainant/Opposite party/SF
Typed by: Br/-
Compd.By:
