Karnataka

Chitradurga

CC/47/2019

Mr.Vijaya Kumar B.R, S/o Ramanna - Complainant(s)

Versus

The Managing Director, Intex Technology (India)Ltd., - Opp.Party(s)

Sri Thippeswamy.N

14 Mar 2019

ORDER

COMPLAINT FILED ON:17.01.2019

DISPOSED  ON:14.03.2019

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

CC.NO:47/2019

 

DATED:  14^th MARCH 2019

PRESENT :-     SRI.T.N.SREENIVASAIAH :    PRESIDENT                            B.A., LL.B.,

                        SMT. JYOTHI RADHESH JEMBAGI:

BSc., MBA., DHA.,                LADY MEMBER

 

……COMPLAINANT/S	Mr. Vijay Kumar, S/o Ramanna, Age: 65 Years, Retired Employee, R/o IUDP Layout, Chitradurga.     (Rep by Sri.Thippeswamy. N, Advocate)
V/S
…..OPPOSITE PARTIES	1. The Managing Director, Intex Technology (India) Ltd., Okhla Industrial Area, Near Crown Plaza, Okla Phase II, Delhi-110020.   2. The Proprietor, Sri Srinivasa Communication Mobile Sale and Service, S.B.B. Road, Chitradurga.   (ex-parte)

ORDER

SRI.T.N.SREENIVASAIAH :    PRESIDENT

The above complaint has been filed by the complainant u/Sec.12 of the C.P Act, 1986 for the relief to direct the OPs to replace the defective handset or to refund Rs.92,300/- with interest @ 12% p.a and to grant such other reliefs.

2.      The brief facts of the case of the above complainant are that, on 15.02.2018 the complainant has purchased one new 4G Mobile i.e., Intex Aqua Lions X1+ handset from OP No.2 by paying an amount of Rs.7,300/- and the EMI Number of the handset is 911602600083282.  After 15 days from the date of purchase the problems persists in the said hand set i.e., overheating, not charging properly, hanging when using the internet, camera not working properly, finger sensor was not working and not hearing the voice at time using the outgoing and incoming calls. The complainant informed the same to OP No.2, OP No.2 received the said handset and stated that they are not responsible under warranty and not rectified the defects found in the handset.  Thereafter the complainant approached the manufacturer through toll free number, but they have not responded, which caused mental agony and financial loss to the complainant.  The efforts made by the complainant to cure the problems found in the handset went in vain.  The OPs have done unfair trade practice and caused deficiency in service.  The cause of action for this complaint arises on 15.02.2018 when the complainant has purchased the above handset from OP No.2, which is within the jurisdiction of this Forum and hence, prayed for allow the complaint.

3.      The notice issued by this Forum was served on the OPs.  But they remained absent and hence placed ex-parte. 

4.      Complainant has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 got marked and closed his side. 

5.      Arguments heard.

6.      Now the points that arise for our consideration for decision of above complaints are that;

 

1. Whether the complainant proves that, the OPs have committed deficiency of service to rectify the defects /replace the mobile handset and entitled for the reliefs as prayed for in the above complaint?

              (2) What order?

          7.      Our findings on the above points are as follows:-

          Point No.1:- Partly in Affirmative.

          Point No.2:- As per final order.

REASONS

8.      It is not in dispute that, complainant has purchased one on 15.02.2018 the complainant has purchased one new 4G Mobile i.e., Intex Aqua Lions X1+ mobile handset from OP No.2 by paying an amount of Rs.7,300/- under EMI Number 911602600083282.  But within 15 days from the date of purchase, the said hand set started to give problems i.e., overheating, not charging properly, hanging when using the internet, camera not working properly, not hearing the voice at time using the outgoing and incoming calls.  The same has been informed to OP No.2 and handed over the same to OP No.2 for repairs.  OP NO.2 stated that, they are not responsible under warranty and failed to cure the defects found in the handset, which is a deficiency of service.  But, within warranty period, said mobile handset found defective, the same was informed to the OP No.2. But, the OP No.2 did not respond properly and not take any care to rectify the defects found in the said handset, which is a deficiency in service.  The complainant has purchased the said mobile by investing his hard earned money to make use of it, the same is to be accepted by this Forum.  The complainant has informed the OP No.2 to rectify the defects found in the mobile handset but, it went in vain.  Though the notice issued by this Forum was served, the OPs have not appeared before this Forum in person or through their advocates to disprove the allegations made by the complainant in his complaint with documentary proof.  Therefore, we come to the conclusion that, the contention taken by the complainant and also the document produced by him i.e., Ex.A-1 proves that, the OP No.1 has manufactured and sold the defective mobile handset to OP No.2.  Ex.A-1 is the bill dated 15.02.2018 for having purchased the mobile handset from OP No.2, the said mobile hand set was found defective within the warranty period. 

9.      We have gone through the entire documents filed by the complainant.  Those document shows that, the complainant has purchased mobile handset from OP No.1 by paying an amount of Rs.7,300/- vide Bill dated 15.02.2018 as per Ex.A-1.  OP No.1 is the manufacturer, manufacturers will supply the articles to the dealers and the dealer sells the articles supplied by the OP No.1 to the customers, here the OP No.2 is a dealer.  It is purely a defective material supplied by the OP No.1 through OP No.2 to complainant. Therefore, OP No.1 and 2 are held liable to compensate the complainant for supplying defective material and for not servicing the same.  Accordingly, this Point No.1 is held as partly affirmative to the complainant.

            10.  Point No.2:- As discussed on the above point and for the reasons stated therein we pass the following:-

 

ORDER

The complaint filed by the complainant U/s 12 of CP Act 1986 is partly allowed.

It is ordered that the OPs are hereby directed to pay a sum of Rs.7,300/- to the complainant along with interest @ 9% p.a from the date of purchase i.e., 15.02.2018 till realization.

It is further ordered that, the OPs are hereby directed to pay Rs.10,000/- towards mental agony and Rs.5,000/- towards costs of this proceedings.

It is further ordered that, the OPs are hereby directed to comply the above order within 30 days from the date of this order.

(This order is made with the consent of President after the correction of the draft on 15/03/2019 and it is pronounced in the open Court after our signatures)

 

 

                                     

          MEMBER                                                   PRESIDENT

-: ANNEXURES :-

Witnesses examined on behalf of Complainant:

PW-1:  Complainant by way of affidavit evidence.

Witnesses examined on behalf of OPs:

-Nil-

Documents marked on behalf of Complainant:

01

Ex-A-1:-

Bill dated 15.02.2018

 

Documents marked on behalf of OPs:

-Nil-

 

MEMBER                                                   PRESIDENT

Rhr**