IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Tuesday the 20th day of March, 2018
Filed on 04.12.2017
Present
1. Smt. Elizabeth George (President)
2. Sri. Antony Xavier (Member)
3. Smt. Jasmine D (Member)
in
CC/No.323/2017
Between
Complainant:- Opposite parties:-
Madhukumar.K 1. The Proprietor
Thundiyil Veedu GCC Mobiles & Duty Paid Shop
Kunnam.P.O Mavelikara - 690101
Mavelikara
Alappuzha 2. The Chief Executive Officer Ziox Mobiles Sun Air Voice Pvt. Ltd
701- 706, NDM-1 Mail
Plot No. 2,3,4
Netaji, Subhash Place
New Delhi
Pin - 110034
O R D E R
SMT. JASMINE D. (MEMBER)
The case of the complaint in short is as follows:-
The complainant had purchased a Ziox mobile phone from the 1st opposite party on 24/4/2017 for an amount of Rs. 5650/-. At the time of purchasing the product the 1st opposite party assured one year warranty for the product and the complainant purchased the said phone as per assurance given by the opposite party. Immediately after purchase of the product it shows problems and the complainant repaired it 3 times at the authorized service centre. Even though the opposite party has repaired the phone many times the same defect persisted and the complainant could not use the phone properly. On 6/11/2017 the complainant approached the 1st opposite party with the same complaint, but the 1st opposite party returned the complainant without repairing the defect saying that they have no responsibility to repair the product. According to the complainant he purchased the phone only as per assurance given by the 1st opposite party. According to the complainant the phone is suffering from manufacturing defect and the opposite party is liable to replace the same. Even though the complainant requested the opposite party to replace the same they refused to do so. There after the complaint sent legal notice to the 1st opposite party to replace the phone but the problem has not resolved. The act of the opposite parties caused much mental agony and inconvenience to the complaint. Hence filed this complaint.
2. Notice against the opposite parties served but they did not appear before the Forum. Hence opposite party 1 and 2 were set exparty.
3. Complainant produced 3 documents which were marked as Ext.A1 to A3.
4. Considering the allegations of the complainant, this Forum has raised the following issues:-
1) Whether there is any deficiency in service on the part of the opposite parties?
2) Whether the complainant is entitled to get the relief sought for?
5. Issues 1 and 2 :-
The case of the complainant is that complainant had purchased a mobile phone on 24/4/2017 for an amount of Rs. 5,650/- the product had one year warranty, during warranty period the product became defective and intimated to the 1st opposite party. Even though 1st opposite party repaired it many times the same defect is persisted and the complainant could not use the phone, hence filed this complaint.
Complainant produced 3 documents which were marked as Ext.A1 to Ext.A3. Ext.A1 is the copy of bill dtd. 24/4/2017. From which it can be seen that the complainant had purchased a mobile phone from the 1st opposite party for an amount of Rs.5650/- on 24.04.2017. Ext.A2 is the legal notice issued by the 1st opposite party dtd 8/1/17. Ext.A3 series are the postal receipt, AD card Even though notice was served to the opposite party they did not turn up. According to the complainant he purchased the said product as per the assurance given by the opposite party. The product became defective during the warranty period. The opposite parties failed to provide the assured after sale service to the complainant. So they have committed deficiency in service and the complainant is entitled to get the relief. The opposite parties are liable to replace the product or to refund the price of the product. The opposite partied are jointly and severally liable for the same.
In the result the opposite parties are jointly and severally liable for the same. In the result the complaint is allowed. Opposite parties are directed to refund the price of the mobile phone Rs. 5650/- (Rupees five thousand six hundred and fifty only) to the complainant. Opposite parties are further directed to pay an amount of Rs.1000/- (Rupees one thousand only) towards compensation. Order shall be complied within one month from the date of the receipt of this order, failing which the amount Rs.5650/- shall carry interest @ 9% p.a. from the date of complaint till realization.
Dictated to the Confidential Assistant, transcribed by him corrected by me and pronounced in open Forum on this the 20th day of March, 2018.
Sd/- Smt. Jasmine.D. (Member) : . Sd/- Smt. Elizabeth George (President):
Sd/- Sri. Antony Xavier (Member) :
Appendix:-
Evidence of the complainant:-
Ext.A1 - Copy of Bill dtd.24/4/2017
Ext.A2 - Legal notice dtd. 8/1/17
Ext.A3series - Postal receipts, Ad card
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite party/S.F.
Typed by:- br/-
Compared by:-
