By Sri. Chandran Alachery, Member:-
The complaint filed under section 12 of the Consumer Protection Act for an order directing the Opposite Party to replace the defective Land phone with a new one with warranty or to repay Rs.540/- being the cost of the mobile set and cost of Rs.5,000/- and compensation of Rs.5,000/- to the Complainant.
2. Brief of the compliant:- The Complainant is working as a Hostel Administrator in Kaniambetta Pazhasi Tribal Hostel. As per the Board meeting direction, it is decided to purchase a land phone to the Hostel and on 04.11.2013 the Complainant purchased a land phone set from Opposite Party's shop for a sum of Rs.305/-. The Complainant paid Rs.300/- to the Opposite Party. On 05.11.2013, the set became defective. The Complainant informed the Opposite party and Opposite party directed the Complainant to take the set to Opposite Party's shop for replacement. On 06.11.2013, the Complainant took the set to Opposite Party's shop and Opposite Party replaced another phone for a total value of Rs.540/-. The Opposite party stated that the defect arised due to the low rate of earlier set. The Complainant paid balance amount of Rs.240/- after deducting Rs.300/- from Rs.540/- and took the phone. The 2nd phone covers 12 months warranty and card is also issued by Opposite Party. But the 2nd set also became defective as on July 2014. The Complainant took the set to Opposite Party's shop on 31.07.2014. After one week the Complainant again approached the Opposite Party and at that time the Opposite Party handed over the 2nd set to the Complainant stating that it is repaired. But when it is fitted in hostel, the set was not working. There is no line complaint noted on enquiry by BSNL authority. Again the Complainant took the set to Opposite party's shop on 18.08.2014. On 03.09.2014 again the Opposite Party gave back the set to the Complainant stating that it is repaired. But it was not working again. There after the Opposite party informed the Complainant that they are not ready to repair it and advice to take legal steps. A phone set is very essential in a hostel. The act of Opposite Party is deficiency of service and unfair trade practice. Aggrieved by them, the Complaint is filed.
3. On receipt of complaint, notice was issued to Opposite Party and Opposite Party received the notice on 30.09.2014 but not appeared in Forum. Hence Opposite Party is set exparte on 31.10.2014.
4. On perusal of complaint and documents, the Forum raised the following points for consideration.
1. Whether there is deficiency of service and unfair trade practice from the part of
Opposite party?
2. Relief and cost.
5. Point No.1:- The Complainant filed proof affidavit and produced documents. The Complainant is examined as PW1 and documents marked as Exts.A1 to A3. Ext.A1 series are the phone bills issued by BSNL. Ext.A2 series are the bills issued by Opposite party to the Complainant. Ext.A3 is the warranty card. On perusal of complaint and affidavit and documents, the Forum found that the Opposite Party had sold the 2nd set to the Complainant for a sum of Rs.540/- on 06.11.2013. There is one year warranty as per Ext.A3 documents. The phone became defective within the warranty period in the month July 2014. It is up to the Opposite Party to deny the allegation of the Complainant. But Opposite party remained exparte even if notice is received. There is nothing to disbelieve the case of the Complainant. The Complainant succeeded in printing his case. The Forum found deficiency of service and unfair trade practice from the part of Opposite party. Point No.1 is found accordingly.
6. Point No.2:- Since point No.1 is found in favour of Complainant, the Complainant is entitled to get cost and compensation.
In the result, the complaint is partly allowed and the Opposite party is directed to pay Rs.540/- (Rupees Five hundred and Forty) only to the Complainant being the value of Mobile set and Rs.1,000/- (One thousand) only as compensation and Rs.500/- (Rupees Five hundred) only cost of the proceedings. The Complainant shall return back the defective set to the Opposite party on receipt of the above amounts. The Opposite party shall comply the order within 30 days from the date of receipt of this order failing which the Opposite Party is liable to pay 12% interest to the whole sum thereafter.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 16th day of December 2014.
Date of filing:18.09.2014.
PRESIDENT : Sd/-
MEMBER : Sd/-
/True copy/
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
Nil.
Witness for the Opposite Party:
Nil.
Exhibit for the complainant:
A1(1) Copy of Phone Bill dt:06.07.2014.
A1(2) Copy of Phone Bill. dt:06.08.2014.
A1(3) Copy of Phone Bill. dt:06.09.2014.
A1(4) Copy of Phone Bill. dt:06.10.2014.
A2(1) Copy of Quotation dt:04.11.2013.
A2(2) Copy of Quotation. dt:06.10.2013.
A3. Copy of Warranty Card.
Exhibits for the opposite Party.
Nil
