DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD

Dated this the 29^th day of March 2019

Present   : Smt.Shiny.P.R. President

              : Sri.V.P.Anantha Narayanan, Member             Date of filing:  14/09/2018

                                                  CC/112/2018

Sanu,

S/o.Babu,

Padalikkad,                                                            -           Complainant

Kottekkad.P.O,

Palakkad – 678 732.

(By Person only)                                  Vs

1. The Manager/Proprietor,                                   

    MyG, 41/2084,

    Mangalam Tower,

    T.B.Road, Palakkad - 678 014.

2. The Manager,                                                              -        Opposite Parties

    AAGNUS Mobile Care,(101-465550),

    1^st Floor, Aadam Complex,

    Shornur Road, Noorani,

    Palakkad -678 014.

3. The Manager,

    Poovath International,

    4011801, P.T.Usha Road,

    Ernakulam, Kochi – 682 011.

                                                          O R D E R

By Smt.Shiny.P.R. President

          On 03-05-2018 complainant has purchased NOKIA 6.1 3GB for an amount of Rs.16,999/- from 1^st opposite party. On 31-08-2018 due the defect in mobile complainant has approached the 1^st opposite party and 2^nd opposite party to cure the defects in the mobile. But instead of repairing or replacing the mobile they insisted to purchase another mobile. Complainant submitted that since the defect was occurred within warranty period, 1^st and 2^nd opposite parties have the liability to repair or replace the mobile. But till the date of filing the complaint 1^st and 2^nd opposite party did not take any steps to replace or repair the above said mobile. Complainant further alleged that the 2^nd opposite party did not cure the defects even after charging Rs.413/- from the complainant and the 1^st opposite party did not replace the mobile to the complainant. Complainant further submitted that due to the acts of opposite parties he has suffered huge financial loss and mental agony.  Hence the complaint. Complainant prays for an order directing opposite parties to pay compensation to the complainant for the deficiency in service from their part.

Complaint was admitted and notices were issued to the opposite parties.  Notices to opposite parties were served. After accepting the notice 1^st and 2^nd opposite parties appeared before the forum, but version not filed. 3^rd opposite party did not appear hence name called, absent, set exparte.  

Complainant filed chief affidavit and documents which were marked as    Ext.A1 to A7.  Mobile phone also marked as MO1.

The following issues that arise 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 1 & 2

           Ext.A1 proves that complainant has purchased NOKIA 6.1 3GB from the      1^st opposite party on 03-05-2018. Exts.A2 and A4 to A6 proved that the above said mobile has some problems of charging. From this it is clear that the mobile shows the problems within 3 months from the date of purchase.   Complainant further alleged that the 2^nd opposite party did not cure the defects even after charging Rs.413/- from the complainant and the opposite parties did not replace the mobile to the complainant. He sought compensation from the 2^nd opposite party for the delay caused.   Even though the 1^st and 2^nd opposite parties appeared before the Forum they did not file any version or contest the case. Hence the evidence tendered by the complainant stands unchallenged. In the above circumstances we partly allowed the complaint and direct 1^st opposite party to pay Rs.7,000/- (Rupees seven thousand only) and 2^nd opposite party to pay Rs.1,000/-(Rupees one Thousand only) as compensation for mental agony caused to the complainant. Complainant can take back the mobile from the Forum.   

The aforesaid amount shall be paid within one month from the date of receipt of this order; failing which the complainant is entitled to realize 8% interest p.a from the opposite party on the total amount due to him from the date of this order till realization.    

          Pronounced in the open court on this the 29^th day of March 2019.

                                                                                          Sd/-

 Shiny.P.R

           President

                                                                                           Sd/-

 V.P.Anantha Narayanan

            Member

Appendix

Exhibits marked on the side of complainant

Ext.A1          - Retail Invoice for purchase of Phone dated 03/05/2018 issued by 1^st

  opposite party.

Ext.A2          - Receipt dated 31.08.2018 issued by 2^nd opposite party to the complainant.

Ext.A3          - Tax invoice for purchase of new phone dated 05.09.2018.

Ext.A4 –Receipt dated 07.09.2018 issued by 3^rd opposite party to the complainant. Ext.A5 – Receipt dated 11.09.2018 issued by 3^rd opposite party to the complainant.

Ext.A6 – Receipt dated 12.09.2018 issued by 3^rd opposite party to the complainant.

Ext.A7 – EMI statement(2 Nos.).

MO1 Series – Phone, Charger, earphone, user manual.

Exhibits marked on the side of Opposite parties

Nil

Witness examined on the side of complainant

Nil

Witness examined on the side of opposite parties

Nil

Cost   - Nil