Andhra Pradesh

Chittoor-II at triputi

CC/8/2014

P.Balasubramanyam S/o. P.Doraswamy - Complainant(s)

Versus

The Managing Director, Big C - Opp.Party(s)

P.Balaji

04 Dec 2014

ORDER

Filing Date:15.02.2014

Order Date: 04.12.2014

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II,

TIRUPATI

 

     PRESENT: Sri.M.Ramakrishnaiah, President ,

        Smt. T.Anitha, Member

 

THURSDAY THE FOURTH DAY OF DECEMBER, TWO THOUSAND AND FOURTEEN

 

C.C.No.08/2014

 

Between

 

P.Balasubramanyam,

S/o. P.Doraswamy,

Junior Assistant,

Working at Hon’ble 3^rd Additional District Judge Court,

Tirupati.                                                                                             … Complainant

 

And

 

1.         The Managing Director,

Big C,

Having its Head Office at No.140/27/2,

Sivalayam Street,

Balaji Nagar,

Nellore Town & District.

 

2.         Big C,

Rep. by its Proprietor,

Prakasam Road,

Tirupati.                                                                                 …  Opposite parties.

 

 

            This complaint coming on before us for final hearing on 28.11.14 and upon perusing the complaint, written version and other relevant material papers on record and on hearing Sri.P.Balaji, counsel for the complainant, and complaint dismissed against opposite party No.1, and opposite party No.2 remained exparte, and  having stood over till this day for consideration, this Forum makes the following:-

 

ORDER

DELIVERED BY T.ANITHA, MEMBER

ON BEHALF OF THE BENCH

 

            This is a complaint filed under Section-12 of C.P.Act 1986, contending that there is a deficiency of service on the part of the opposite parties, as the mobile phone purchased by the complainant was found defective and inspite of notice, the opposite parties did not respond and rectify the same.

            2.  The case of the complainant is that on 28.07.2013, he purchased a Celkon mobile phone from opposite party No.2, which is a branch office of opposite party No.1, and the said mobile phone after purchase of few days gave problems such as low voice while receiving incoming calls and also more noise in the phone while it is operating. The complainant approached the 2^nd opposite party with the above said complaint and as per the instructions of the 2^nd opposite party, the complainant approached the service centre of Celkon Mobile, Tirupati branch. After checking the mobile, the service personal stated that there is a problem in mother board, which cannot be rectified as it is out-dated one. The opposite parties 1 and 2 did not respond to get the defect rectified and finally a legal notice was issued on 20.12.2013, the same was served to the 2^nd opposite party and the 2^nd opposite party gave reply notice with all false allegations and the notice of 1^st opposite party returned un-served and hence this complaint is filed by complainant and prayed the Forum to direct the opposite parties to refund the price of the mobile phone of Rs.12,000/- or to replace a new Celkon mobile of same model and also damages to a tune of Rs.5,000/- and to pay costs.

            3.  Notices were sent to the opposite parties. Notice of opposite party No.1 returned with an endorsement of “no such addressee in the said door number”. Hence this Forum ordered fresh notice by directing the complainant to furnish correct address of opposite party No.1. After granting several adjournments, the complainant failed to furnish correct address of opposite party No.1. Finally on 14.07.2014, this Forum dismissed the claim against the opposite party No.1 for default. Notice of opposite party No.2 was served but failed to appear before this Forum and opposite party No.2 called absent and set exparte.

            4.  Heard the counsel for complainant. The complainant filed his chief affidavit and written arguments and Exs.A1 to A5 were marked on his behalf. Ex.A1 is  Original receipt dt:28.07.2013 Celkon A119Q mobile issued by the 2^nd opposite party in the name of the complainant. Ex.A2  is  Office copy of the Legal notice dt:20.12.2013 issued by the complainant to the opposite parties with postal receipts. Ex.A3 is served acknowledgement on opposite party No.2 and return cover from opposite party No.1. Ex.A4  original copy of reply notice dt:02.01.2014 issued by opposite party No.2. Ex.A5  customer copy of service centre of Sai Celkon Mobiles.

            5.  Now the points for determination are:-

            (i).  Whether there is deficiency of service on the part of the opposite parties?

            (ii).  To what result?

            6.  Point No.(i):-  The chief affidavit of the complainant reiterate the contents in the complaint. As already pointed out opposite party No.2 remained exparte and did not challenge the contents in the chief affidavit of the complainant. The opposite party No.2 in reply notice Ex.A4 stated that the complainant has never approached them with a complaint in the mobile phone and also stated that they are dealers of various mobile phone companies and even though there is any manufacturing defect, it may be rectified by the manufacturer only and hence they are not liable for the same. Now the contention of the complainant is that the mobile phone was defective and there was low voice while receiving incoming calls and also more noise in the phone while operating. The complainant has not purchased the mobile phone for pleasure and there is no reason to hold that the complainant unnecessarily complained about the defect in the goods. If really that is so, the opposite party could have appear and demonstrate that the mobile phone in question is in perfect condition As the opposite party failed to appear and oppose the contention of the complainant, the deficiency of service is held to be proved. Accordingly, the complaint is to be allowed in favour of the complainant and against the opposite party No.2. The claim against opposite party No.1 already dismissed for default on 14.07.2014.

            7. Point No.(ii):-    In the result, the complaint is allowed in part directing the opposite party No.2 to refund a sum of Rs.12,000/- (Rupees twelve thousand only) with interest at 9% p.a. from 28.07.2013 i.e. the date of purchase of mobile phone by receiving the defective phone. The complainant is also granted a sum of Rs.3,000/- (Rupees three thousand only) towards damages and also granted Rs.1,000/- (Rupees one thousand only) towards costs. If the opposite party No.2 fails to pay the compensation of Rs.3,000/- within 15 days from the date of this order, the said Rs.3,000/- will also attract interest at 9% p.a. after expiry of 15 days from this day.  

 

 Typed to dictation by the stenographer, corrected by me and pronounced in the Open Forum this the 4^th day of December, 2014.

        Sd/-                                                                                                                     Sd/-                                

Lady Member                                                                                                    President

 

APPENDIX OF EVIDENCE

WITNESS EXAMINED ON BOTH SIDES

 

 

PW-1: Paluru Balasubramanyam S/o. P.Doraswamy (Chief Affidavit filed).

 

EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT/S

 

Exhibits	Date	Description of Documents
Ex.A1.	28.07.2013	Original receipt Celkon A119Q mobile issued by the 2nd opposite party in the name of the complainant.
2.	20.12.2013	Office copy of the Legal notice issued by the complainant to the opposite parties and postal receipts.
3.	15.02.2014	Served acknowledgement to Opposite party No.2 and return cover from Opposite Party No.1
4.	02.01.2014	Original copy of Reply notice issued by the 2nd opposite party.
5.	15.10.2013	Customer copy of Service centre of Sai Celkon Mobiles.

 

           

                                                                                                                                                                Sd/-

                                                                                                            President

// TRUE COPY //

// BY ORDER //

 

 

Head Clerk/Sheristadar,

                                                                                 Dist. Consumer Forum-II, Tirupati. 

    

     

Copies to:-     1. The Complainant.

                        2. The opposite parties.