Date of filing : 19-09-2014
Date of order : 14-01-2015
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.197/2014
Dated this, the 14th day of January 2015
PRESENT:
SMT.P.RAMADEVI : PRESIDENT
SMT.K.G.BEENA : MEMBER
SMT.SHIBA.M.SAMUEL : MEMBER
Isthiyak, S/o.Iqbal.T.M, : Complainant
Thalangara house, Pera Kannur.Po,
Seethangoli, Kasaragod Taluk,
Rep. by Authorised agent Mr.Ameer Ali
(Adv.George John Plamootil, Kasaragod)
1 The Proprietor, Gulf Tel Mobile Station, : Opposite parties
Shop.No.128,Gulf Bazar, New Bus Stand,
Kasaragod. 671121.
2 General Manager, MicroMax Informate Ltd,
21/14A Phase II, Naraina, Industrial Area,
Delhi. 110028.
(Ops 1 & 2 Exparte)
O R D E R
SMT.BEENA.K.G. MEMBER
The brief facts of the case of Sri. Isthiyak is that he purchased a Micromax A36 model Mobile from opposite party No.1 on 26-07-2014 for Rs.4500/-. At the time of purchase opposite party No.1 assured that the device is free from all sorts of manufacturing defects and is having one year warranty. After three days of purchase the device is not working and the complainant approached opposite party No.1 and entrusted the mobile for replace. But opposite parties did not cared to replace or repair the set. Due to the irresponsible approach of opposite parties complainant suffered great mental agony and monetary loss. Hence the complaint for necessary redressal.
2. Both opposite parties served notice on 24-09-2014 but they did not turned up. Name of opposite parties called absent, set exparte. Complainant’s authorized agent Sri Ameer ali filed proof affidavit. Exts. A1 to A5 marked.
3. Complainant an ordinary man purchased a Micromax Mobile from opposite party No.1, honestly believing the assurance of opposite party No.1 regarding warranty. Opposite party No.1 also assured that this product is free from all sorts of defects. Complainant purchased the mobile but after 3 days of purchase the device is not working. Complainant entrusted the mobile to opposite party No.1 for replace. But opposite party neither replaced nor repaired the set. Due to the irresponsible act of opposite party No.1 complainant suffered mental agony and monetary loss. Opposite parties 1 & 2 are jointly and severally liable for the loss and mental agony sustained to the complainant.
Hence the complaint is allowed. Opposite parties are directed to refund Rs.4,500/- with Rs.2000/- as cost. Time for compliance is 30 days from the date of receipt of coy of order.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exts.
A1. 12-08-2014 Copy of Lawyer notice.
A2.26-07-14 Sales Bill for an amount of Rs.4500/-.
A3. Warranty Card.
A4. Postal acknowledgement card
A5.Authorization letter
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Pj/ Forwarded by Order
SENIOR SUPERINTENDENT
