Tamil Nadu

North Chennai

CC/122/2016

A.Lakshmi priya - Complainant(s)

Versus

The mobile store Limited ,the Manager - Opp.Party(s)

K.Martin Arokiaraj

30 Mar 2017

ORDER

 

 

                                                            Complaint presented on:  24.06.2016

                                                                Order pronounced on:  30.03.2017

 

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 30^th  DAY OF MARCH 2017

 

C.C.NO.122/2016

 

Ms.A.Lakshmi Priya,

D/o.A.Anandan,

Represented by her

Power of Attorney Agent,

Mr.A.Anandan,

S/o.M.Arumugam,

No.59/11, Ramanujam Garden,

Subbrayan 4^th Street,

Nammalwarpet,

Chennai – 600 012.

                                                                                        ..... Complainant

..Vs..

 

	The Manager, The Mobile Store Limited No.332/2, Ground Floor, Ayanavaram Konnur High Road, Ayanavaram, Chennai – 600 023.   The Chairman   Head Office,  Micromax House, 90B, Sector – 18, Gurgaon – 122 015.
	.....Opposite Parties

Date of complaint                                  10.08.2016

Counsel for Complainant                      : M/s.K.Martin Arokiaraj, J.Karunakaran

                                                                 N.Alagappan

         

Counsel for opposite parties                     : Ex - parte  (03.01.17)

 

 

O R D E R

 

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

          This complaint is filed by the complainant to refund the cost of the Mobile of Rs.10,381/- with compensation for mental agony and cost of the Complaint   u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IS IN BRIEF:

          The Complainant purchased a Micromax Mobile purchase from 1^st Opposite Party shop on payment of consideration of Rs.10,381/- as per the invoice dated  01.08.2013. The said mobile was not working from the date of purchase due to the problem of touch screen and display was not functioning. The Complainant got rectified the mobile on 29.11.2013 and 10.12.2013. Again the mobile was not working and the Complainant handed over the mobile to the 1^st Opposite Party on 17.04.2014 and after rectification he had received mobile on  26.04.2014 again there was problem in the mobile and handedover to the 1^st Opposite Party on 16.05.2016 and after rectification received the mobile on 17.04.2014. Likewise there was a major problem of Camera, audio display and touch screen was not functioning and hence he handed over the mobile on 27.05.2014 to the 1^st Opposite Party for rectification and after to rectify the defects pointed out by the Complainant, finally on 04.06.2015 the 1^st Opposite Party told the Complainant that the mobile is not rectified and issued a new job card stating, drop calls, no service, connectivity drops, cable, audio and battery does not stop charging. Due to defective mobile the Complainant as a Life Insurance Agent was unable to contact his customers and sustained a loss of Rs.25,00,000/- in his business. The Complainant also sent mail to the Opposite Parties and however they have neither rectified nor given a new mobile. Hence the Complainant filed this Complaint to direct the Opposite Parties to refund the product cost of Rs.10,381/- and also compensation for mental  agony with cost  of the Complaint.   

          2. Though the Opposite Parties received notice they did not appear on 03.01.2017 and hence the Opposite Parties called absent and set Ex-parte.

          3. The Complainant had filed his proof affidavit and documents Ex.A1 to Ex.A9 were marked on the side of the Complainant.

          4. The Complainant had also filed written argument and oral argument of the Complainant was heard.

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 relief?

6. POINT NO :1

           The Complainant purchased a Micromax, White Colour mobile on payment of consideration of Rs.10,381/- from the 1^st Opposite Party/dealer under Ex.A1 bill. From the beginning the product became defective. The Complainant handed over the mobile on 17.04.2014 to the 1^st Opposite Party for the problem  and the same was handed over to the service centre and he in turn issued Ex.A2 job Sheet for the same.  Again for the problem of Camera, bad image , there was no outgoing audio and touch screen not working and the service centre for the said problems after receiving mobile issued Ex.A3 invoice dated 27.05.2014. Likewise through the 1^st Opposite Party, the service centre again received the mobile for the problems of drop calls, no service, connectivity  drops, cable, audio and battery does not stop charging issued  Ex.A4 job sheet. The Complainant also wrote letters to the Opposite Parties through Ex.A7 to Ex.A9. Even after such notice  the Opposite Parties have not rectified the product or  given replacement of mobile to the Complainant. Failure to rectify the defects in the mobile  by the authorized service centre is deficiency on the part of the  1^st Opposite Party on whose directions the Complainant entrusted the mobile for service  and the 2^nd Opposite Party  who is the manufacturer  of the Micromax mobile is also liable for the same. Further, the display not working, no audio outgoing, battery does not stop charging and drops calls defects, irresistibly prove that the product purchased by the Complainant is having inherent defect and that is why the  product could not be rectified  in the service. Therefore, we hold that the Opposite Parties 1 & 2 have committed deficiency in service.

 7. POINT NO: 2

        The Complainant purchased the product for consideration of Rs.10,381/- since the product is having  manufacturing defects, the Complainant is entitled for refund of the cost of the product from the Opposite Parties 1 & 2 further by using the defective mobile the Complainant suffered with mental agony is accepted. However, the Complainant pleaded in his Complainant that he  is a Life Insurance  Agent and he could not contact his valuable customers and sustained business loss of Rs.25,00,000/-. No proof  filed by the  Complainant that he is an Life Insurance Agent and how he sustained business loss and therefore we hold that the Complainant has not proved that he has sustained loss in his business due to his mobile became defective. However for mental agony it would be appropriate to order a sum of Rs.10,000/- as compensation would meet ends of justice, besides a sum of Rs.5,000/- towards litigation expenses. In respect of other relief the Complaint is liable to be dismissed.

          In the result the Complaint is partly allowed. The Opposite Parties 1 & 2  jointly or severally are ordered to refund a sum of Rs.10,381/- (Rupees ten thousand three hundred and eighty one only) towards the cost of the product to the Complainant and also  to pay  a sum of Rs. 10,000/- (Rupees ten  thousand only) towards compensation for mental agony, besides a sum of Rs. 5,000/- (Rupees five thousand only)  towards litigation expenses. The Complaint in respect of  other relief is dismissed.

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 30^th  day of March  2017.

 

MEMBER – II                                                               PRESIDENT

 

 

 

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 01.08.2013                   Bill

Ex.A2 dated 17.04.2014                   Job Sheet (Service Centre to Complainant )

Ex.A3 dated 27.05.2014                   Job Sheet (Service Centre to Complainant )

Ex.A4 dated 04.06.2014                   Job Sheet (Service Centre to Complainant )

Ex.A5 dated 23.06.2014                   Electronic Mail Message (copy)

Ex.A6 dated 31.03.2016                   Complainant to Special Power Agent

                                                    (Mr.Anandan) i.e from Daughter to Father

 

Ex.A7 dated 23.04.2015                   Notice to Vendor(Ayanavaram) & Authorised

                                                    Service Centre (Kellys) with Acknowledgement                

                                                    Card & Postal Receipts

 

Ex.A8  dated 13.05.2015                  Returned Covers from Ayanavaram Bangalore,

                                                    Micromax

 

Ex.A9 dated 13.05.2015                   Postal Receipts of Bangalore Office, Gurgaon

                                                Skyway Technologies & the Mobile Store

                                                    Chennai

 

 

 

MEMBER – II                                                               PRESIDENT

 

 

 

 

 

 

 

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