By Sri. Chandran Alachery, Member:-
The complaint filed under section 12 of the Consumer Protection Act for an order directing the Opposite Parties to replace the mobile set to the Complainant or to repay the cost of the mobile set of Rs.11,990/- with interest and to pay to the Complainant a sum of Rs.10,000/- as compensation and cost of the proceedings.
2. Complaint in brief:- The Complainant purchased a Samsung Galaxy S Duos Mobile (S7562, IMEI 356637050545283) on 11.05.2013 from Bangalore which is manufactured by 2nd Opposite Party. Opposite Party No.1 is the auathorised service centre at Wayanad. After about one month from the date of purchase, the mobile went out of order due to many defects such as network and phone is getting hanged while using dual sim and internet, frequently network unavailability, unable to receive calls, call delay operating system defect, music player defect etc and Complainant reported this to 1st Opposite Party, 1st Opposite Party had to cure defect on several occasions. But the same defect continued and 1st Opposite Party replaced the mother board and gave the set to the complainant, but all defects still existed. Both Opposite Parties are jointly and severally liable to replace set. There is deficiency of service from the part of Opposite Parties. Hence the complaint.
3. On receipt of complaint, notices were issued to Opposite Parties and Opposite Parties received the notices on 02.08.2014 and 04.08.2014 respectively. Even if several chances were given, Opposite Parties did not appear before the Forum and file version. 1st Opposite Party is set exparte on 22.09.2014 and 2nd Opposite Party is set exparte on 01.11.2014.
4. On going through the complaint, and proof affidavit and documents, the Forum raised the following points for consideration.
1. Whether there is deficiency of service from the part of Opposite Parties?
2. Relief and cost.
5. Point No.1:- The Complainant filed proof affidavit and produced documents which are marked as Ext.A1 to A4 and mobile is marked as MO1. Ext.A1 is the delivery challan original for a sum of Rs.11,900/-. Ext.A2 is the work order and Ext.A3 is the service request and Ext.A4 is the another work order. On going through the documents, it is found that Exts.A2 and A4 are the work orders which shows the defects of the set and entrustment of set with 1st Opposite party for repair. 1st Opposite Party not challenged the evidence of the Complainant. So the Complainant succeeded in proving his case. The Forum found deficiency of service from the part of Opposite parties. Point No.1 is found accordingly.
6. Point No.2:- Since point No.1 is found in favour of complainant, the Complainant is entitled to get cost and compensation.
In the result, the complaint is partly allowed and 1st and 2nd Opposite Parties are directed to pay Rs.11,990/- (Rupees Eleven thousand Nine hundred and Ninety) only to the Complainant with 12% interest from 11.05.2013 till payment. The 1st and 2nd Opposite Parties are also directed to pay Rs.3,000/- (Rupees Three thousand ) only as compensation and Rs.2,000/- (Rupees Two thousand ) only as cost of the proceedings. 1st and 2nd Opposite Parties are jointly and severally liable to pay the above amount to the complainant within 30 days from the date of receipt of this order. The Complainant shall
return back the old set ie MO1 to the Opposite Parties on receipt of the above amounts.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 29th day of November 2014.
PRESIDENT : Sd/-
MEMBER : Sd/-
MEMBER : Sd/-
/True copy/
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
Nil.
Witness for the Opposite Parties:
Nil.
Exhibit for the complainant:
A1. Delivery Challan. dt:11.05.2013.
A2. Work Order.
A3. Copy of Service Request.
A4. Copy of Work Order.
MO1. Mobile Phone.
Exhibits for the opposite Parties.
Nil.
