Karnataka

Bellary

CC-121/2014

K.VENUGOPAL - Complainant(s)

Versus

THE MANAGER,SANGEETHA MOBLIE PVT LTD & ANOTHER - Opp.Party(s)

30 Mar 2015

ORDER

FILED ON:	11-08-2014
ORDER ON:	30-03-2015

 

                                                                                                                                                                                                                                                                                                                                                                          

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT BELLARY

 

C.C.No.121 of 2014       

 

 

Present :  

 

 

  (1)   Shri. R.Bandachar,

                                          B.Com, LL.B.  (Spl) ……    President

                                                                                            (in-charge)

   

  (2) Smt Mary Havila,

                                          B.A.                       ……        Member

 

DATED THIS THE  30^th DAY OF MARCH 2015     

COMPLAINANT   //In person//           //VS//	K.Venugopal, S/o K Bheemalingappa, Age: 40 years, Advocate, Ward No.V, Opp: DTI Office, Janatha colony, Guggarahatti, Bellary-583 102.
RESPONDENTS   //Exparte//	1)The Manager, Sangeetha Mobiles Pvt. Ltd.,        T.S.No.92/2, Khatha No.16, Ward No.1,    Opp: BSNL Office, Station road,    Bellary-583 101.   2)The Manager, Sangeetha Mobiles Pvt. Ltd.,    Registered Office, 1183, 22nd A Cross,    Banashankari II Stage, Bangalore-560 070.

         

  

// O R D E R //

 

Per Smt Mary Havila

 

        The complainant filed the complaint against the respondents U/Sec-12 of the Consumer Protection Act 1986.   

                2.  The brief facts of the complainant’s case are that he is a practicing advocate and purchased a mobile phone set model WQ-2.1 WHAM 911328950007768 from the respondent no.1 on 26-12-2013 for Rs.8,203/-.  The warranty period is for 6 months from the date of purchase.  The mobile set started giving trouble within 2 months from the date of its purchase.  The complainant approached respondent no.1, but he has not responded properly but misbehaved.  This misbehaviour of the respondent no.1 was brought to the notice of the respondent no.2 by the complainant.  He was also given deaf ear to the pleas and grievance of the complainant. Therefore, the complainant got issued legal notice dated: 30-04-2014 to the respondents which were served on them.  After that the respondent no.2’s Area Sales Manager for Karnataka State called the complainant and informed him through e-mail that to approach before the Super Stockist WHAM mobiles at Bellary city i.e. SEASONS CELL HUB, No.2, Komala complex, Indira Nagar Road, Opp: KMF, Bellary in order to verify whether the mobile set is functioning properly or not.  After receiving the e-mail from the respondent no.2, the complainant approached the said Hub who directed to furnish the mobile set along with its all accessories. Accordingly, the complainant surrendered mobile phone with accessories.  Thereafter, the said SEASON Cell Hub gave a sealed mobile set to the complainant along with D.O.A. certificate No.WHMY-114050001 on 06-05-2014 and instructed to deliver the set to the respondent no.1 and collect the new mobile set from them.  As per the said direction, the complainant handed over the sealed box to the respondent no.1.    After lapse of 15 days, the respondent no.1 gave a new mobile set of same WHAM company with 6 months warranty period.  But again after one month the new mobile set started giving trouble and the complainant approached the respondent no.1.  But the respondent no.1 kept on postponing with false assurances.  Due to the act of the respondents the complainant suffered mental agony which amounts to deficiency in service on the part of the respondents.    Therefore, the complaint. 

                 3.  On service of notice when the respondents failed to appear they are placed exparte. 

           4.  The complainant to prove his case, as his evidence, filed his affidavit, which is marked as P.W.1 and got marked 04 documents as Ex.P.1 to Ex.P.4.    

 

5. 5.  The written argument is filed by the complainant.      

     6.  The points that arise for our consideration are;

1.	Whether the complainant has proved deficiency in service on the part of the respondents towards him, as alleged in the complaint?
2.	Whether the complainant is entitled for the reliefs prayed for in the complaint?
3.	What order?

     

                   

    

 

 

 

 

 

 

 

 

 

7.  The findings on the above points are as under.  

       

Point No.1:	In the affirmative.
Point No.2:	Partly in the affirmative.
Point No.3:	As per final order.

 

 

// R  E A S O N S //

Point No.1 : -

 

                8.  There is no challenge to the case of the complainant from the respondents as they are placed exparte. 

          9.   However, the complainant to prove his case produced the copy of the invoice for having purchased WQ-45 2.1 WHAM mobile set for Rs.8,203/- from the respondent no.1.    Ex.P.4 which is a DOA certificate issued by SEASONS, Cell Hub, Bellary to the complainant.  On perusal of Ex.P.4, it is found that the mobile purchased by the complainant from the respondent no.1 is of poor O/G Audio quality and default. Further the mobile hand set purchased by the complainant is found defective within the warranty period.   Therefore, the respondents are bound to provide proper service to the complainant.  As the respondents neither rectified the defects in the mobile purchased by the complainant nor replaced with new one, the complainant is entitled for refund of the amount paid by him.  Non-refund of the said amount by the respondents to the complainant amounts to deficiency in service on their part.  Accordingly, we answer this point in the affirmative.  

Point No.2 :- 

            10. As the complainant proved that he had paid Rs.8,200/- to the respondents  towards cost of the mobile handset, he is entitled for refund of the amount paid by him, from the respondents, along with interest, compensation towards deficiency in service and cost of the proceedings, which shall be as per final order.  Accordingly, we answer this point partly in the affirmative.  

Point No.3 : -

    11.   In view of the discussions made under Point No.1 and 2, we pass the following; 

 

//ORDER//

 

            The complaint filed by the complainant is partly allowed.   

            The complainant is entitled to recover Rs.8,200/- with interest @ 9% p.a. from 11-08-2014  till its realization, from the respondents.  

            The complainant is entitled to recover Rs.3,000/- towards compensation for deficiency in service, from the respondents.  

            The complainant is also entitled to recover Rs.2,000/- towards cost of the proceedings, from the respondents.  

The respondents are jointly and severally liable to pay the above said amounts to the complainant within two months from the date of this o

   Inform the parties accordingly.

 

(Dictated to the Stenographer, typescript edited, corrected and then pronounced in the open court this 30th day of March 2015)

 

 

 

 

	(R.BANDACHAR) PRESIDENT
	(MARY HAVILA) MEMBER

 

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