Date of filing : 12-10-2010
Date of order : 10-12-2010
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
C.C. 213/2010
Dated this, the 10th day of December 2010
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
Girish.K,
S/o. Narayani.V,
BSNL Quarters, Vidyanagar, } Complainant
Pin: 671123.
(In person)
The Mobile Store, } Opposite party
New Bus Stand, Kasaragod.
(Exparte)
O R D E R
SRI.K.T.SIDHIQ, PRESIDENT
Complainant Sri. Gireesh filed complaint against opposite party alleging that opposite party committed unfair trade practice by not providing extended warranty for the Mobile phone he purchased from opposite party. According to him he purchased a Samsung C-5212 Mobile phone for `4,739/- on 28-06-2010 from opposite party. At the line of purchase the mobile phone was having one year warranty and opposite party assured that an extended warranty of further one year to the mobile set will be provided within 3 or 4 days through SMS Message intimating him the extension of warranty. But as promised no SMS message received by the complainant extending the warranty. Then he contacted opposite party again and he was asked to wait one month. Even after one month no SMS received extending the warranty. Feeling suspicious he contacted the customer care center of the Mobile store. From customer care center it was told that there is no such practice of extending the warranty through SMS and if one wants to extend the warranty, he shall pay `150/- additionally. It was also told to contact the customer care again from the shop from where the mobile phone is purchased. But as directed from the customer care center though complainant tried to connect the opposite party to the customer care from their shop. Opposite party refused to talk with the customer care and instead of that complainant was directed to call some other person. The person with whom complainant contacted talked him rudely and shouted that they did not even provide the one year warranty already offered. Feeling aggrieved complainant filed this complaint.
2. Notice to opposite party is sent by registered post, even after receipt of notice opposite party remained absent. Hence opposite party had to be set exparte.
3. Complainant examined as PW1. Ext.A1 the copy of the bill issued by the opposite party is marked.
4. Complainant deposed reiterating what is stated in the complaint. During enquiry complainant submitted that he had gone to the shop of opposite party after seeing the advertisement on online that extended warranty will be provided on payment of additional amount. But when enquired, opposite party told that some special offer is there at that time and hence no additional charges are needed for extended warranty.
5. The evidence of the complainant remains unchallenged.
6. The offering of tall promises as part of sales promotion and withdrawal from the same after the completion of transaction is nothing but an unfair trade practice. Therefore opposite party is liable to redress the grievance suffered by complainant
In the result, complaint is allowed and opposite party is directed to provide him an extended warranty of another one year from 28-06-2011 to 27-06-2012 without collecting any additional amount. Opposite party also liable to pay `1000/- as compensation for the mental agony caused to the complainant. In the event of inability to provide additional extended warranty, then opposite party shall be liable to pay `2000 to the complainant including the compensation `1000/- as mentioned earlier. Opposite party is also liable to pay `1000/- towards the cost of these proceedings. Time for compliance is limited to 30 days from the date of receipt of copy of the order. Failing which opposite party shall be liable to pay interest @12% for `2000/- from the date of complaint till payment.
MEMBER PRESIDENT
Exts.
A1. Copy of the bill issued by OP
PW1. Girish.K.
MEMBER PRESIDENT
Pj/
