By. Smt. Renimol Mathew, Member:-
Brief of the complaint:- The complainant had purchased LAVA B8 mobile phone handset bearing IMEI No.91054950118330 for Rs.3,800/- on 05.09.2011 with one year warranty from opposite party No.1. It started malfunctioning within few days. The stop key button and the letter buttons of B,H,V,Z and digits 8, 2 and 3 were fell down from the mobile handset. The mobile handset stopped its functioning within few days from its purchase. The complainant approached opposite party No.1 on 21.02.2012, but opposite party No.1 refused to rectify the defects or return the money to the complainant. Hence the complainant issued Lawyer Notice to the opposite party No.1. Though the opposite party No.1 received the notice on 27.02.2012 he did not respond to it. The act of the opposite party No.1 is nothing but deficiency in service.
The opposite party No.1 is also responsible for the manufacturing defects of the mobile phone. The complainant is a business man he had suffered great loss, damage, inconvenience and hardships. The complainant estimated the loss and damages as Rs.10,000/-. Hence he prayed to take back the mobile phone from the complainant and to return the price of the mobile phone Rs.3,800/- with 13% interest and to pay Rs.10,000/- towards compensation.
2. Notice sent to Opposite Party No.1. Opposite party No.1 filed Vakalath on 23.05.2012. Subsequently impleaded opposite party No.2 on 06.08.2012. Time granted to file version till 23.11.2012, but opposite parties were not filed their version. Hence Opposite parties No.1 & 2 are set ex-parte and proceeded with the case.
3. On considering the complaint and affidavit the following points are to be considered:-
1. Is there any deficiency in service on the part of the opposite parties?
2. Relief and cost.
4. Point No.1:- To prove complainant’s case he had filed his chief affidavit. The complainant is examined as PW1, Exts.A1 to A3 were marked. Ext.A1 series are the copy of Lawyer Notice, Postal Receipt with Acknowledgment card. Ext.A2 is the Services, Warranty Certificate. Ext.A3 is the bill dated 05.09.2011 issued by opposite party No.1 to the complainant. On going through the complaint and above documents it is found that the complainant has purchased a mobile phone from opposite party No.1 on 05.09.2011 and the same is defected and stopped its functioning on 21.02.2012. The opposite parties were refused to rectify the defects or return the money to the complainant even after repeated demands. The mobile phone is still in the custody of complainant. This is deficiency in service on the part of the opposite parties. Point No.1 is found accordingly.
2. Point No.2:- The complainant is entitled to get back the price of mobile phone handset that is Rs.3,800/- . He is also entitled to get Rs.2,000/- as cost and compensation. Point No.2 is decided accordingly.
In the result the complaint is partly allowed. The opposite parties are directed to pay an amount of Rs.3,800/- (Rupees Three Thousand and Eight Hundred Only) towards the price of the mobile phone with 10% interest from the date of complaint. They are also directed to pay Rs.2,000/- (Rupees Two Thousand Only) as cost and compensation to the complainant. The complainant is directed to return the old mobile phone handset to opposite party No.1. This Order is to be complied by the opposite parties within 30 days from the date of receipt of this Order.
Pronounced in Open Forum on this the 27th day of April 2013.
Date of Filing:21.04.2012.
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
Nil.
Witness for the Opposite Party:
Nil.
Exhibits for the complainant:
A1 (Series). Lawyer Notice and Acknowledgment Card. dt:24.02.2012.
A2. Warranty Certificate.
A3. Retail Invoice. dt:05.09.2011.
Exhibits for the Opposite Party:
Nil.
