Karnataka

Belgaum

CC/422/2014

Vidyadhar Karade - Complainant(s)

Versus

The Proprietor. MVB Mobiles & Appliances - Opp.Party(s)

B.B.Vibhute.

09 Mar 2015

ORDER

(Order dictated by Smt. S.S. Kadrollimath, Member)

ORDER

          U/s. 12 of the C.P. Act, the complainant has filed the complaint against the O.Ps. alleging sale of defective mobile hand set.

          2) O.Ps. in-spite of service of notices, have remained exparte.

          3) In support of the claim of the complaint, the complainant has filed affidavit and produced some documents.

4) We have heard the arguments of the complainant and have perused the records.

          5) Now the point for our consideration is that whether the complainant has proved sale of defective mobile hand set by the O.Ps. as well as deficiency in service and that he is entitled to the reliefs sought?

          6) Our finding on the point is partly in affirmative, for the following reasons.

:: R E A S O N S ::

            7) The complainant has claimed that he purchased Karbonn A7* mobile from the O.P. No.1 dealer for a sum of Rs.6,500/- on 23/8/2013. Said hand set has defects, that Mobile hand set was not functioning properly and giving trouble. These facts brought to the notice of the O. P. No.1 but the O.P. No.1 did not agree for repair or replacement and told the complainant to visit O.P.No.2 i.e., GSM Mobile, Narvekar Galli, Belgaum for repair and the said service center repaired the said hand set and return said hand after 9 days, even after repair the hand set did not work properly. The complainant approached the responded No.1 & 2 for replacement of alleged mobile. But opponent did not respond to the complainant. Thereafter the complainant issued a legal notice to the O.P.No1 to 3 to replace the mobile with another same mobile of good quality or else refund the money. The O.P.3 is manufacture of the company of the said mobile. The notice was served upon O.Ps. on 5/5/2014 but the O.Ps. failed to get the hand set repair or replace nor replied to the said notice. Hence the complainant constrained to file this complaint. The complainant deposited handset with duly sealed before the forum on 14/7/2014.

          8) The facts referred to in the above paragraph are pleaded in the complaint and stated by the complainant in affidavit. The O.Ps. inspite of service of the notice has not appeared before the forum and not denied or disputed the claim of the complainant. Considering the material on record including the document, absolutely we have no reasons to disbelieve the statement of the complainant made on oath in the affidavit. So also, we have no reasons to doubt the claim of the complainant. The complainant in the present case has not produced the job sheet for handing over the mobile for service at the service center i.e., to the O.P. 2. The complainant has issued the legal notice to the O.Ps. and the same are duly served but the complainant has contended that the O.Ps. have not replied to the legal notice and moreover the O.Ps. despite of receipt of notice issued by this forum have remained absent and placed exparte. Because the complainant has not produced the job sheet the complainant is ordered as below to approach the O.P. service center.

          9) Thus, the complainant has proved sale of the defective mobile hand set by the O.Ps. and further, the complainant has proved that in-spite of the requests made, the O.Ps. or customer care failed to remove defects and to redress grievance of the complainant.

          10) Accordingly, following order.

ORDER

          Complaint is partly allowed.

          The complainant is hereby directed to take the deposited mobile handset in dispute to the O.P.2 for the repairs and receive proper acknowledgement from the O.P.2 within 15 days from the date of order. If the complainant fails to approach the O.P.No.2 within the stipulated period as directed, the claim of the complainant will be treated as no claim.

The O.P. No. 2 is hereby directed to repair the said hand set in dispute in working condition and resolve the defect in the mobile hand set, after receipt of the mobile handset from the complainant within one month from the date of handing over mobile by the complainant. If the O.P.2 fails to repair and hand over the mobile handset within stipulated period, the O.Ps. No.1,2 & 3 shall replace new mobile hand set of the same make with same feature with fresh warranty within one month from the date of the order, failing which, the O.Ps. shall refund the entire price of the hand set amounting to Rs.6,500/- to the complainant, within next one month i.e., two months from the date of the order, failing which, amount will carry interest at the rate of 10% P.A.

In case if the O.Ps. ready to replace the new mobile hand set with the old one the complainant is hereby directed to hand over the old handset to the O.Ps.

          (Order dictated, corrected and then pronounced in the open Forum on: 9^th  March 2015)

            Member                       Member                         President.

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