Kerala

Ernakulam

CC/10/444

SHAMSU - Complainant(s)

Versus

THE MEXY MOBILE COMMUNICATIONS LTD - Opp.Party(s)

P.A.MUJEEB,

30 Apr 2011

ORDER

 
Complaint Case No. CC/10/444
 
1. SHAMSU
MAMBALAPARAMBU HOUSE, 1/1489, SOUTH THAMARAPARAMBU. FORT KOCHI, ERNAKULAM(DIT)
...........Complainant(s)
Versus
1. THE MEXY MOBILE COMMUNICATIONS LTD
106, CHAWD COMMERCIAL CENTRE,MIND SPACE, NEW LINK ROAD, CHINCHOLI BUNDER, MALAD(WEST) BOMBAY-400064.
2. PROPRIETOR,
SPECIAL MOBILE SHOPEE, S-54, GCDA COMPLEX, MARINE DRIVE, COCHIN-31
............Opp.Party(s)
 
BEFORE: 
 HONORABLE MR. A.RAJESH PRESIDENT
 HONORABLE MRS. C.K.LEKHAMMA Member
 
PRESENT:
 
ORDER

C.K. Lekhamma, Member.

          The case of the complainant is as follows:

          The complainant purchased Maxx MX 9C7735 mobile handset from the  second opposite party  on 19-01-2010 for an amount of Rs. 6,000/-.  The 1st opposite party is the manufacturer of the gadget.  After 3 months of its purchase the complainant changed                  his sim then the handset started showing troubles like automatic switch of the entire system.  Then the complainant approached the 2nd opposite party they kept the phone for 3 months for service and returned the same by saying that it was repaired.     Subsequently the complainant approached the 2nd opposite party, 2nd opposite party says that they had terminated their service contract with first opposite party. Hence the complainant was constrained to buy another phone for his use.  The 1st and 2nd opposite parties unnecessarily kept the phone under the pretext of repair for a long period and thereby deceived the complainant by misrepresentation, poor service and fraud.  The 2nd opposite party  even failed to repair the phone during the warranty period.  It is unfair on the part of opposite parties.  Being the manufacture, the first opposite party is primarily liable to provide defect free handset to the complainant.   But they failed to discharge the said duty and it amounts to  unfair trade practice on their part and  deficiency of service.  Hence this complaint.  The complainant is seeking direction against the opposite parties under the following heads.

i.                    to direct the opposite parties to pay Rs. 50,000/- as compensation to the complainant and replace the mobile with a new defect free one and also for costs of the proceedings.

2. Version of the 1st opposite party is as follows:

Due to careless usage the mobile is found physically damage, but it is  working perfectly.   As a goodwill gesture they  will consider  the complainant’s case as a special case  and are ready to offer the complainant a  new  piece of the same model or other model. 

3. The complainant appeared through the counsel.  Notice had been issued to 1st opposite party only.  The 1st opposite party appeared through the agent.  Thereafter the complaint dismissed for default.  The complainant filed I.A. 93/11 for restoration of  the case.  The same was allowed on 28-04-2011.  After restoration of  the case the opposite party remained absent.  The complainant adduced only documentary evidence.  Exts. A1 to A4 were marked on his side.  We have heard the complainant.

4. The following points arose for consideration.

i. Whether the complainant is entitled to get replacement of the handset under dispute from the 1st  opposite party or not?

ii.  Compensation and costs if any?

5. Points Nos. i&ii.  Ext. A1 Retail invoice and warranty card show the transaction between the parties.  It appears  that within the warranty period the gadget shows various defects.  Ex. A2 is the copy of Lawyer notice.  As per the version of the 1st opposite party they are ready to replace the handset with a new piece. The complainant’s request is to replace the disputed handset.  Therefore,  we have no hesitation to hold that the  1st opposite party is to replace the defective  mobile phone with a new piece to the complainant. In the facts and circumstances of the case we are not ordering any compensation but the complainant  is entitled to get litigation costs of Rs. 1,000/- from the 1st  opposite party.  Since they ought to have settled the dispute at the very out set.

6.  To sum up, we allow the complaint as follows:

1. The 1st opposite party shall replace the mobile phone under dispute with a new piece of same price and description to the complainant according to his choice with fresh warranty.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          In that event the complainant shall return the product under  dispute to the opposite parties simultaneously. 

ii. The 1st  opposite party shall  pay Rs. 1,000/- as litigation costs to the complainant.   

                  

          The above said order shall be complied with within a period of one month from the date of receipt of a copy of this order.

Pronounced in the open Forum on this the 30th day of April 2011

 

 

 
 
[HONORABLE MR. A.RAJESH]
PRESIDENT
 
[HONORABLE MRS. C.K.LEKHAMMA]
Member

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