Tamil Nadu

North Chennai

74/2014

B.Somasundaram, - Complainant(s)

Versus

The Proprietor,Uivercell Telecommunications India Private Ltd, - Opp.Party(s)

M/s.G.Baskar

27 Feb 2017

ORDER

 

 

                                                            Complaint presented on:  09.04.2014

                                                                Order pronounced on:  27.02.2017

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,           MEMBER II

 

MONDAY THE 27^th DAY OF FEBRUARY 2017

 

C.C.NO.74/2014

 

 

Mr.B.Somasundaram,

No.34/50, Vinayaga Flats,

Redhills Road Vinayagapuram,

Chennai – 600 099.

                                                                                        ..... Complainant

 

..Vs.

	1.The Proprietor, Univercell Telecommunications India Private Ltd., No.114, Redhills Road, Kolathur, Chennai – 99.   2.The Managing Director, Zync Global Private Ltd., Having Office at B-119, Sector – 2, Noida, Utter Pradesh – 201 301.
	.....Opposite Parties

Date of complaint                                  11.04.2014

Counsel for Complainant                      : M/s.G.Baskar, S.Kamaraj

Counsel for 1^st opposite Party                        :Mr.R.Gobi      

Counsel for 2^nd opposite party                 : Ex - parte

 

 

 

O R D E R

 

BY MEMBER  TMT.T.KALAIYARASI,  B.A.B.L.,       

          This complaint is filed by the complainant to pay a sum of Rs.6,190.27/- towards cost of the Tablet and also to pay compensation for mental agony with cost of the Complaint   u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IS IN BRIEF:

          The Complainant purchased a New Tablet PC, Model name Zync-Tablet-299, bearing IMEI 911259900086851, for a sum of Rs.6190.47/- on 30.12.2013 bearing Tax Invoice No.UTN 10021116 from the 1^st Opposite Party and at the time purchase the Complainant has exchanged his Nokia mobile for a sum of Rs.2,300/- to the 1^st Opposite Party  and the 1^st Opposite Party has reduced the Exchange amount of Rs.2,300/- for the purchase value of the said zync tablet, hence he has paid the sum of Rs.4,200/- after deducting the mobile replacement amount. The 1^st Opposite Party is the authorized dealer of the 2^nd Opposite Party/ Manufacturer. The Opposite Parties were given the warranty for a period of one year to the product. At the time of purchase the 1^st Opposite Party has assured to give speaker as gift for new year purchase hence one of the staff of the Opposite Party namely Mr.Sathish made endorsement in the back side of the tax invoice that “GIFT PENDING HANGOUT SPEAKER” but till now the 1^st Opposite Party has not given the gift to the Complainant which clearly shows the unfair trade practice of the 1^st Opposite Party. Within five days from the date of purchase of the said tablet was found defective, the charger was not working and also the charger pin in the tablet also not working. Therefore the Complainant approached the 1st Opposite Party to rectify the defect. The 1^st Opposite Party has collected the said tablet form the Complainant for rectification vide request form bearing No.6096, dated 05.01.2014 and thereafter the same was returned to the Complainant. Again, on 04.03.2014 the Complainant approached the 1^st Opposite Party Opposite Party to rectify the problem in the tablet, the 1^st Opposite Party also issued the new service request form bearing No.6203 dated 04.03.2014, and assured that they will return back to the mobile within a week, but till now the defective tablet has not been rectified and whenever he approached the 1^st Opposite Party in respect of his defective tablet no one given any proper reply.   On 15.03.2014 he approached the 1^st Opposite Party again and requested them to replace his tablet PC with a new one or refund his money, but they vehemently refused his request which caused untold mental agony hardship to the Complainant.  The non-operation of the tablet is purely due to the manufacturing defects. Before marketing the set, the 2^nd Opposite Party is the dealer of the 2^nd Opposite Party who has sold out the said defective to the Complainant hence both the Opposite Parties are liable for the said act. The tablet is within the warranty period. The Opposite Parties are liable to replace the tablet, but both the Opposite Party have failed and neglected either to replace the new tablet or refund of money. Hence the Complainant filed this Complaint to refund the cost of the product and also for compensation for mental agony with costs of the Complaint. 

2. The 2^nd Opposite Party remained called absent and he was set ex – parte.

 

3. WRITTEN VERSION OF THE 1^st OPPOSITE PARTY IN BRIEF:

          This Opposite Party admits that it sold the “Zync Tablet – 299” tablet to the Complainant on 31.12.2013 with good condition and the same was accepted and acknowledged by the Complainant. The said Tablet value is Rs.6,190.47/- only. This Opposite Party acts as only the seller/agent of the manufacturer.  The warranty is provided by the manufacturer only and not by this Opposite Party.  A retailer/dealer of the product is not responsible for any manufacturing defect. The Opposite Party submits that they are mainly concerned with the customer satisfaction and they have got Lakhs of satisfied customer with good will. The Opposite Party duly forwarded the mobile to the manufacturer for service, upon receipt of the same from the Complainant. The Opposite Party taken the tablet for service on 05.01.2014 and returned after rectifying the defect on 15.02.2014. The Complainant again comes back with Complaint charge pin of the tablet was not working on 04.03.2014. This Opposite Party taken the same vide service request from No.6203 on the same day. The Opposite Party follows up with manufacturer and not gets back any fruitful message from the manufacturer. There is no deficiency in service of any nature and neither any negligence on the part of this Opposite Party and prays to dismiss the Complaint with costs.      

4. POINTS FOR CONSIDERATION

          1. Whether there is deficiency in service on the part of the opposite parties?

          2. Whether the complainant is entitled to any relief? If so to what relief?

5. POINT NO :1

          The Complainant purchased a New Tablet PC, Model name Zync-Tablet-299, bearing IMEI.911259900086851, for a sum of Rs.6190.47/- on 30.12.2013 from the 1^st Opposite Party/dealer under Ex.A1 out of the said amount of Rs.6.190.07. The Complainant exchanged his mobile buy back a sum of Rs.2,300/- was deducted out of the cost of the tablet and the Complainant actually paid a sum of Rs.4,200/- to the 1^st Opposite Party.  Ex.A2 is the visiting card of the 1^st Opposite Party and Ex.A3 is the warranty card for the product purchased by the Complainant for a period of one year.

          6. Within 5 days of the purchase of the tablet, the charger was not working and the charger pin and the tablet also not working and therefore he approached the 1^st Opposite Party and handed over tablet to him. The 1^st Opposite Party gave Ex.A4 service request receipt and after rectification handed over the tablet to the Complainant. However, again the same problem arose in the tablet on 04.03.2014 and the 1^st Opposite Party received the tablet under Ex.A4 on the same day and the service request No.6203 given by him.  Both the service request issued by the 1^st Opposite Party proves that the charger and charger pin are not working as alleged by the Complainant.

          7. The 1^st Opposite Party pleaded in his written version that he informed to the manufacturer to take service and to rectify the defect and the product is pending with the manufacturer to set right the problem and further pleaded that he is a retailer and he is not responsible for manufacturing defect. As per the case of the 1^st Opposite Party the tablet is having manufacturing defect and further, now the tablet is pending with the manufacturer. The 2^nd Opposite Party is the manufacturer who is having the tablet had not rectified and sent to the Complainant through the 1^st Opposite Party. The 1^st Opposite Party also attended the problem in the tablet on 05.01.2014 has not rectified properly, therefore the 1^st Opposite Party committed deficiency having not rectified the product on 05.01.2014 and further the product is having manufacturing defect and hence the 2^nd Opposite Party has committed deficiency in service and hence, it is held that both the Opposite Parties 1 & 2 have committed deficiency in service.

 8. POINT NO: 2

          Since the product is having manufacturing defect the Complainant is entitled for refund of the cost of the product and hence the Opposite Parties 1 & 2 can be directed to refund the cost of the product of  Rs.6,190/-. The Complainant suffered with mental agony is accepted and therefore the Opposite Party can be directed to pay a sum of Rs.10,000/- towards cost of the mental agony and apart  from that a sum of Rs.5,000/- towards litigation expenses.      

          In the result the Complaint is partly allowed. The Opposite Parties 1 & 2 are jointly or severally  are  ordered to pay a sum of Rs.6,190 /- (Rupees six thousand  one hundred and ninety  only) towards the cost of the product to the Complainant and also to pay  a sum of Rs. 10,000/- (Rupees ten  thousand only) towards compensation for mental agony, besides a sum of Rs. 5,000/- (Rupees five thousand only)  towards litigation expenses.

The above amount shall be paid to the complainant within 6 weeks from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest till the date of payment.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 27^th   day of February  2017.

 

MEMBER – II                                                               PRESIDENT

 

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 30.12.2013                   Invoice UTN 10021116

Ex.A2 dated NIL                     Visiting card of the 1^st Opposite Party

Ex.A3 dated 05.01.2014                   Warranty certificate service request form

                                                    bearing No. 6096.

 

Ex.A4 dated 04.03.2014                   Service request form bearing No.6203

LIST OF DOCUMENT FILED BY THE 1^st OPPOSITE PARTY :

Ex.B1 dated 13.03.2014                   E-mail

 

 

MEMBER – II                                                               PRESIDENT