BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.

            Dated this the 18^th day of July 2018

                                                                                                Filed on : 24.11.2017

PRESENT:

Shri. Cherian K. Kuriakose,                                           President.

Shri. Sheen Jose,                                                          Member.

Smt. Beena Kumari V.K.                                                Member.

                        CC.No.469/2017

                                               O R D E R

Sheen Jose, Member

1.  The case of the complainant is as follows:

  The complainant placed an order from the 1^st opposite party to purchase a brand new i-phone 5 on 14-06-2016 through internet banking and the complainant remitted an amount of Rs.16,499/- towards its price.  It is submitted that the opposite party supplied a used phone to the complainant.  The phone showed some defects right from the beginning of its purchase. The mobile phone showed complaints such as discoloration, overheat, abnormal charge down and sound vibration of the phone…etc. Therefore the complainant had approached the authorized service centre- Info solution and services Pvt. Ltd., Ernakulam.  The authorized service center examined the phone and understand that the warranty of the disputed i phone had already expired in May 2014.  The complainant alleged in his complaint that the device supplied by the opposite party was used one. The complainant stated in his complaint that ‘the used apple i phone imported for sales purpose is banned by Indian customs’. The complainant sent an e-mail to the opposite party on 26^th August 2016 and also sent a registered letter to them regarding the above said complaints of the gadget.  The complainant had received replied email from the opposite party on 17.10.2016 and the opposite party agreed that the price of the disputed mobile handset will be refunded within 5 business days. Believing the assurance of the opposite party the complainant sent back to the mobile to the shipper’s address through courier and sent the courier weigh will copy to Ebay’s shipper’s as well as customer care.  But the opposite party did not refund the price of the disputed mobile handset to the complainant and they intimated that they were only sent back the mobile phone to the complainant after repair.  The complainant alleged in her compliant that she had booked a brand new mobile phone with the opposite party, instead of this booking, the opposite party sent a used mobile phone to her. The above said act of the opposite party amounted to gross deficiency in service and unfair trade practice also.  Thus the complainant before us seeking direction against the opposite party to refund an amount of Rs.16,494/- to the complainant which is being the price of the disputed mobile handset. She also sought for compensation, costs of the proceedings and reimbursement of courier charges at Rs.310/- from the opposite party which she incurred. Hence this complaint.

2)      Despite service of notices from this Forum the opposite parties opted not to contest the matter for their own reasons. Ex-parte proof affidavit has been filed by the complainant.  The documentary evidences adduced by the complainant which were marked as Exbt. A1 to A6.  Heard the authorized representative of the complainant.  

3)      Issues came up for considerations are as follows:

1. Whether the complainant has proved any deficiency in service or unfair trade practice on the side of the opposite parties?
2. Whether the complainant is entitled to get refund of the price of Rs.16,499/- and reimbursement of Rs.310/- courier charges respectively from the opposite parties?
3. Whether the opposite parties are liable to pay compensation and costs of the proceedings to the complainant?

4)      Issue Nos. (i) and (ii)

The complainant had placed an order to purchase a brand new i  phone from the 1^st opposite party online shopping site on 14.06.2016. She remitted an amount of Rs.16,499/- towards the price of the i phone through internet banking. The complainant alleged that the mobile phone showed some recurring defects right from the beginning of its purchase. While using the mobile phone, it showed some complaints such as overheating, sound vibration and failure of battery charge ….etc.  Therefore the complainant approached the authorized service centre and after verification of the phone, they found out that the warranty of the disputed mobile handset had been expired in May, 2014. It is clearly evident that the handset supplied by the opposite party to the complainant is used somebody in abroad.  Exbt. A1 order statement shows that the complainant had purchased the mobile handset for an amount of Rs.16,499/- from the 1^st opposite party through the 2^nd opposite party. Exbt. A2 shipping declaration would show that the same was delivered to the complainant on 15.11.2016.

5)      The complainant approached the opposite party through email and sent a registered notice and escalated the main issue that the opposite party had delivered used mobile handset to the complainant instead of new brand i phone. (As per the Exbt.A3 series email communications revealed that the opposite party assured the complainant that get back the disputed mobile handset to the shipper’s address and refund bill get became for 3 working days). The complainant pointed out that she returned the disputed i phone on 19.10.2016 through blue dart courier and the receipts marked as Exbt.A4 and Exbt.A5. The Exbts A4 and A5 clearly shows that the complainant had returned the disputed mobile hand to the 2^nd opposite party. The complainant further stated that the opposite party did not do anything to refund the price of the mobile handset to the complainant so far. The above said act of the opposite party amounted to serious deficiency in service and unfair trade practice also.

6)      Analyzing the above facts and circumstances, we are of the opinion that the complainant’s case is believable and the opposite party had committed serious deficiency in service and unfair trade practice in their transactions. The complainant had adduced evidence Exbt.A1 to A6 documents and proof affidavit would clearly reveal that the story of the complainant is true and correct. Exbt.A3 email communications evident that the opposite party admitted their mistake and instructed that the return of the disputed i phone handset to them. Also they agreed that refund the price of the disputed mobile phone within 3 working days. Naturally, the complainant follow-up the instructions of the opposite parties.  At last, the opposite party did not honour their commitment to refund the price of the disputed mobile handset to the complainant. The complainant had suffered a lot of inconvenience, mental agony, hardships, financial loss, etc. due to the above said negligent attitude of the opposite parties. In the absence of the contrary evidence, we are of the opinion that the complainant has proved his case and he is entitled to get the refund the price of the mobile handset at the earliest along with courier charges. Therefore the 1^st and 2^nd issues are decided in favour of the complainant.

7)      Issue No. (iii)

Having found the issue No. (i) and (ii) in favour of the complainant, the complainant had suffered a lot of inconvenience, mental agony, hardships, financial loss…etc.  due to the negligent attitude and deficient service offered by the opposite parties. Therefore, the opposite parties are liable to pay compensation and cost of the proceedings to the complainant.  We award an amount of Rs.3000/- towards compensation and costs of the proceedings to the complainant.

8)      In the result, we partly allow the complaint and direct as follows:

1. The 1^st and 2^nd opposite parties shall jointly and severally refund an amount of Rs.16,499/- to the complainant which is being the price of the disputed i phone.
2. The 1^st and 2^nd opposite parties shall jointly and severally pay an amount of Rs.310/- to the complainant towards courier charges incurred by her.
3. The 1^st and 2^nd opposite parties shall jointly and severally pay an amount of Rs.3000/- towards compensation and costs of the proceedings to the complainant.

The above orders shall be complied with, within 30 days from the date of receipt of this order, failing which the compensation amount shall carry 12% interest p.a. from the 31^st day of receipt of this order till the date of payment. 

Pronounced in the open Forum on this the 18^th day of July 2018

                                                          Sd/-Sheen Jose, Member

Sd/-Cherian K. Kuriakose, President

Sd/-Beena Kumari V.K. , Member

Forwarded by Order

Senior Superintendent

APPENDIX

Complainants Exhibits

Opposite party's Exhibits:          Nil     

Date of Despatch   :

                   By Hand      :

                   By Post       :

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