BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 28th day of September 2017
Filed on : 17-06-2016
PRESENT:
Shri. Cherian K. Kuriakose, President.
Shri. Sheen Jose, Member.
Smt. Beena Kumari V.K. Member.
CC.No.336/2016
Between
Vimal Kumar T.R., : Complainant
S/o. Ramakrishnan T.S., (party-in-person)
Thekkumthara house, Edanad,
Chowara P.O., aluva-683 571.
And
1.The Micromax Informatics Ltd., : Opposite parties
Micromax house 90B, Sector -18, (absent)
Gurgaon, Pin- 122 015.
Rep. by the Chief Executive Officer.
2. The Service Manager,
Aarjay Associates,
1st floor, Kochaneth Building,
Janatha Junction, Palarivattom,
Ernakulam, Kochi-682 025,
3. The Proprietor,
Plums Mobile & DutyPaidShop,
Opp. Sanjoe Hospsital, A.M.Road,
Perumbavoor.
O R D E R
Cherian K. Kuriakose, President.
Complainant's case
2. The complainant Shri. Vimal Kumar, purchased a mobile phone from the 3rd opposite party on 07-05-2015, manufactured by he 1st opposite party M/s. Micromax Infomatics Ltd. Out of 4 months of usage the mobile phone started showing malfunctioning . Its audio system and incoming and out going calls were not also working. The complainant entrusted the phone to the 3rd opposite party and as per the instruction the phone was entrusted to the 2nd opposite party, service centre. On Entrustment of the phone to the 2nd opposite party they agreed to repair he phone within a week. However, after 3 days, a technician from the service centre informed the complainant that repairs of the phone
would take at least one month as it was sent to Delhi for repair by the manufacturer. After one month the complainant got a message that the phone was ready after repairs and could be delivered . However, when the representative of the complainant approached the service centre the repaired phone was not made available them. Later, when the complainant was informed that the mobile phone had reached the service centre but it was repaired to manufacturer at Delhi and therefore they would be provided with another phone. However, the complainant wanted the very same phone which was used by him and the opposite party has not yet provided the phone to the complainant. In the above circumstances, the complainant prayed for a supply of new mobile phone worth Rs. 6,000/- with one year warranty. The complainant also seeks compensation for the mental agony suffered by him and compensation to the mental agony.
3. Notice was issued to the opposite parties. All the opposite parties were served with notice, but they did no appear to contest the matter.
4. When the matter came up for complainant's evidence the complainant filed proof affidavit and Exbts. A1 to A6 documents were marked.
5. On going through the proof affidavit and Exbts. A1 to A3, we are satisfied that the opposite party had committed deficiency in service in not repairing the phone within a reasonable time and for not returning the same after effecting repairs. The complainant had proved through Exbt. A1 that he purchased the phone on 07-05-2015 from the 3rd opposite party at Perumbavoor on payment of amount of Rs. 6,000/- . Within 5 months the phone had become faulty and on 20-10-2015 it was entrusted to the 2nd opposite party for repairs. As per Exbt. A3 reply issued by the 1st opposite party, the phone was ready after repairs on 18-11-2015 only. However, it is not seen delivered to the complainant.
6. In the result, the complaint is allowed by directing
i. the opposite parties 1 and 2 to deliver the phone to the complainant after repairs immediately on completion of one month from the date of receipt of a copy of this order and
ii. to pay Rs. 5000/- towards compensation and Rs. 2,000/- towards costs of the proceedings to the complainant.
The liability of 1st and 2nd opposite parties will be joint and several and if the above said phone is not made available to the complainant after repairs the complainant is entitled to realize Rs. 5,000/- towards costs of the mobile phone after adjusting the depreciation value. In such an event, needless to say that the complainant is entitled to realize interest @ 12% p.a. on that amount from 17-06-2016 the date on which the complaint was filed, till the date of realization.
Pronounced in the open Forum on this the 28th day of September 2017
Sd/-
Cherian K. Kuriakose, President.
Sd/-
Sheen Jose, Member.
Sd/-
Beena Kumari V.K., Member.
Forwarded/By Order,
Senior Superintendent
Complainant's Exhibits
Exbt. A1 : Copy of bill dt. 07-05-2015
A2 : Job sheet dt. 20-10-2015
A3 : Job sheet No. 5030404 1015-1985
A4 : Job sheet dt. 20-10-2015
A5 : Obstetric Sonography (BPP)
A6 : Trip voucher
Opposite party's exhibits: : Nil
Copy of order despatched on: By Post : By Hand
