D.o.F:01/01/2011
D.o.O:17/2/2011
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.NO. 1/2011
Dated this, the 17th day of February 2011
PRESENT:
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
Anooj.M, S/o P.V.Narayanan,
Nerappinady House, Po. Kalnad,Kasaragod : Complainant
(Adv.Srikanta Shetty,Kasaragod)
The Mobile Store Limited,
Sony Ericsson Authorised Dealer, Golden Arcade, : Opposite party
Opp. New Private Bus Stand,Kasaragod
(Exparte)
ORDER
SRI.K.T.SIDHIQ : PRESIDENT
The gist of the complaint is as follows”
Complainant purchased a brand new Sony Ericsson mobile phone from opposite party on 19/6/2010 for `5999/- It was having one year warranty from design ,material and workmanship defects. Since it is not functioning properly complainant approached opposite party on 25/9/2010, but opposite party refused to set it right instead directed the complainant to approach directly either at Mangalore or Kannur service centre. Complainant being a student, his father after availing leave took the mobile to Mangalore. Accel Frontline service centre on 25/9/2010 and got it repaired. Again the set developed complaints to its key pad . Again after the replacement of some components Accel Frontline Centre Ltd returned the mobile on 17/11/2010. Again it showed defects. Therefore fed up with the services complainant and his father took the mobile to Solar Communication Ltd Kannur on 4/12/2010. On examination they told that the mobile set is dead. Though as a lst resort complainant and his father approached opposite party to set right the mobile they did not care and rashly spoken to the complainant and his father. Therefore the complaint seeking necessary relief.
Though notice issued by registered post with acknowledgment due is served on opposite party, they remained absent . Hence opposite party had to be set exparte.
Complainant filed proof affidavit reiterating what is stated in the complaint. Exts.A1 to A6 marked through his counsel for the complainant . Heard the counsel for the complainant. Documents perused.
Ext.A1 is the purchase bill of the mobile phone under dispute. Ext.A2 is the warranty certificate and Exts.A3 to A6 are the work order sheets of Accel Front line Services Ltd for the entrustment of mobile phone for service.
In the affidavit complainant as PW1 affirmed that opposite party not only cared to set right the mobile phone but also dealt them harshly.
The non-rectification of the mobile phone within its warranty period and behaving rudely to customers are serious deficiency in service on the part of opposite party. Complainant further stated that losing confidence on Sony Ericsson Mobile he purchased Nokia mobile phone which is functioning smoothly.
The complaint is therefore proved and hence we allow the complaint and opposite party is directed to refund ` 5999/- to the complainant and take back the Sony Ericsson mobile phone sold to the complainant. Opposite party is also directed to pay ` 3000/- as compensation for the loss, hardships and mental agony caused to the complainant together with a cost of ` 2000/-. Time for compliance is limited to 30 days from the date of receipt of copy of order. Failing which `5999/- will carry interest @12% from the date of complaint till payment.
Exts
A1 - purchase bill
A2 warranty certificate
A3 to A6 are the work order sheets of Accel Front line Services Ltd
MEMBER PRESIDENT
eva
