Tamil Nadu

North Chennai

CC/192/2016

S.Shanmugam - Complainant(s)

Versus

The Manger M/s.Iberry India - Opp.Party(s)

Party in Person

22 Jun 2017

ORDER

 

                                                          

                                                            Complaint presented on:  23.11.2016

                                                                Order pronounced on:  22.06.2017

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,           MEMBER II

 

THURSDAY THE 22^nd   DAY OF JUNE 2017

 

C.C.NO.192/2016

 

 

Mr.S.Shanmugam,

S/o. Late Subramani,

No.13-A Gokulam Avenue,

Sarathy Nagar Extension,

Kolathur, Chennai – 600 099.

                                                                                    ….. Complainant

 

..Vs..

1. The Manager,

M/s. I berry India,

No.4/42, Building No.4,

Second Lane Beach,

Chennai, Tamil Nadu – 600 001.

 

2. The Manager,

M/s. Diggital Estore,

No.4/42, Building No.4,

Second Lane Beach,

Chennai, Tamil Nadu – 600 001.

 

 

 

 

 

 

 

3. The Manager,

M/s. Ebay India Pvt. Ltd.,

14^th Floor, North Block,

R-Tech Park, Western Express Highway,

Goregaon East, Mumbai – 400 063.

 

.....Opposite Parties

Date of complaint                                 : 26.12.2016

Counsel for Complainant                      : Party in Person

Counsel for    Opposite Parties                : Ex - parte

 

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          This complaint is filed by the complainant to direct the Opposite Parties 1 & 2 to refund a sum Rs.14,990/- towards the cost of the mobile and also direct all the Opposite Parties to pay a compensation of Rs.50,000/- towards  mental agony u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The Complainant ordered a Mobile Phone Auxus Stunnerf ST 1 through the 3^rd Opposite Party EBAY on 27.01.2016 for a sum of Rs.13,491/- after discount and made a payment through his ICICI Credit Card. The mobile was delivered to the Complainant on 29.01.2016 through courier by the 2^nd Opposite Party. The mobile also contains of a handset, battery charger and a VR head set.  The Complainant also got free items of a smart watch and Bluetooth remote control along with mobile.

          2.  After using the mobile phone the Complainant noticed problems   such as the mobile heating too much and thereby cannot hold the phone near to his ear and the charging item goes beyond 6 hours for full charge. The Complainant informed the problems to the 2^nd Opposite Party and in turn he informed the same to the 3^rd Opposite Party. The Complainant contacted the customer care and they informed that it will take a week time to repair it. On 13^th February 2016 the customer care informed that the product purchased under manufacturer warranty and they asked to contact the nearest service centre. The Complainant gave the mobile on 28.03.2016 to the collection centre /2^nd Opposite Party and they gave replacement of new mobile on 11.04.2016. The heating problem was solved and however charging was as usual and further the camera is not working.

          3. The Complainant gave the mobile for 2^nd time to the collection centre on 12.05.2016 and they replaced with another mobile on 01.06.2016. However, the problem was not solved. The Complainant on the advice of the customer care, he gave the mobile to the collection centre on 15.06.2016 requesting to provide same model. However they provided a low cost mobile of Rs.10,999/- and refused to provide the mobile for cost he has paid. The Complainant surrendered the mobile to the 2^nd Opposite Party. The Opposite Parties have sold the Complainant a defective mobile, hence the Complainant prays to direct the Opposite Parties 1 & 2 to refund a sum Rs.14,990/- towards the cost of the mobile and also direct all the Opposite Parties to pay a compensation of Rs.50,000/- towards  mental agony.

          4. Though the Opposite Parties received notice they did not appear before the Form and remained absent and hence the Opposite Parties 1 & 2 was set ex-parte on 25.01.2017 and the 3^rd Opposite Party was set ex-parte on 05.04.2017.

5. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite parties?

          2. Whether the complainant is entitled to any relief? If so to what extent?

6. POINT NO :1 

          The 1^st Opposite Party is the manufacturer of the mobile purchased by the Complainant and the 2^nd Opposite Party is the service provider and through the 3^rd Opposite Party, the Complainant booked the mobile and made payment through him.

          7. The Complainant purchased through the 3^rd Opposite Party EBay a mobile phone model Auxus Stunnerf ST 1  on 27.01.2016 on payment of Rs.13,491/- after discount and made payment through his ICICI credit card and the 2^nd Opposite Party delivered the mobile to the Complainant on 29.01.2016 through courier along with its accessories and also free items smart watch and Bluetooth  remote control and the 2^nd Opposite Party issued Ex.A4  bill for purchase of the mobile phone and Ex.A1 credit  card statement is the proof for payment of money through his  ICICI credit card.

          8. After purchase of the product when the Complainant started using the mobile he noticed the problem that the mobile was heating too much and he cannot take the mobile  near to his ear and charging time  goes beyond 6 hours and hence the Complainant through the 2^nd Opposite Party  contacted the 3^rd Opposite Party and also made Complaint to the customer care and   the 2^nd Opposite Party on 28.03.2016 collected the Complainant’s phone and   replaced with new mobile on 11.04.2016 and though heating problem was solved charging was as usual and camera was not working and hence for the 2^nd time he had entrusted the mobile on 12.05.2016 and he got new replacement of mobile  on 01.06.2016 and however the problem remained the same and hence the Complainant asked for a some other model and however they gave a low  cost mobile for Rs.10,999/- and that was not accepted by the Complainant and surrendered the phone to the 2^nd Opposite Party and therefore the Opposite Parties have committed deficiency in service by selling defective mobile to the Complainant. There is no contra evidence on behalf of the Opposite Parties and hence the case of the Complainant is to be accepted.

          9. Ex.A2 and Ex.A3 are the various communications between the Complainant and among the Opposite Parties and though the product was twice replaced with new defective mobile  and for the third time a low cost mobile was given to the Complainant and that was not accepted and further finally on 12.05.2016 under Ex.A5 at page 33 the Complainant mobile, battery and charger was received by the 2^nd Opposite Party. After receiving such mobile a low cost mobile was given to the Complainant and that was rejected by him.  The product purchased by the Complainant as per Ex.A5 is only with the Opposite Party. The Opposite Parties thereafter have not taken any steps either to refund the amount to the Complainant or provide a good quality mobile to him for the consideration paid by him. Hence, it is held that the Opposite Parties 1 to 3 have committed deficiency in service.

 

 

 

10. POINT NO:2

          Since the Complainant handed over the defective mobile as per Ex.A5 to the Opposite Party, the Complainant is entitled for the amount of Rs.13,491/- paid by him for the  purchase  of the mobile from the Opposite Parties.

          11. Three days after the purchase of the mobile, it started giving problem and the mobile also replaced twice also not worked properly and third time a low cost mobile offered to the Complainant is an unfair trade practice and therefore it would be appropriate to direct the Opposite Parties to pay a sum of Rs.25,000/- towards compensation for mental agony, besides a sum of Rs.5,000/- towards litigation expenses.

          In the result the Complaint is partly allowed. The Opposite Parties 1 to 3 jointly or severally are ordered to refund a sum of Rs.13,491/- (Rupees thirteen thousand four hundred and ninety one only) towards the cost of the mobile to the Complainant and also to pay  a sum of Rs. 25,000/- (Rupees twenty five  thousand only) towards compensation for mental agony, besides a sum of Rs. 5,000/- (Rupees five thousand only)  towards litigation expenses.

The above amount shall be paid to the complainant within 6 weeks from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest till the date of payment.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 22^nd day of June 2017.

 

MEMBER – II                                                               PRESIDENT

 

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 27.01.2016                   Credit Card Statement of the purchase

Ex.A2 dated 03.02.2016                   Communications with second party via third party

Ex.A3 dated 31.01.2016                   Total communication with first party

Ex.A4 dated 29.01.2016                   Bill invoice copy

Ex.A5 dated 12.05.2016                   Photo copy of the acknowledgement issued by the  

                                                    collection centre

 

 

 

MEMBER – II                                                               PRESIDENT