Karnataka

Kolar

CC/53/2015

Vijay Kumar - Complainant(s)

Versus

UNICELL TELECOMMUNICATION SERVICES - Opp.Party(s)

08 Jan 2016

ORDER

Date of Filing: 05/11/2015

Date of Order: 08/01/2016

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, D.C. OFFICE PREMISES, KOLAR.

 

Dated: 08^th DAY OF JANUARY 2016

PRESENT

SRI. N.B. KULKARNI, B.Sc., LLB,(Spl.)    …….    PRESIDENT

SRI. R. CHOWDAPPA, B.A., LLB               ……..    MEMBER

SMT. A.C. LALITHA, BAL., LLB         ……  LADY MEMBER

CONSUMER COMPLAINT NO :: 53 OF 2015

Sri. Vijay Kumar,

S/o. V.K. Prasanna Kumar,

#326, Gowripet, 4^th Cross,

Kolar-563 101.

Working as Stenographer in

1^st Additional C.J & JMFC Court,

Kolar.

 

(Rep. by Sriyuth.Suman.K, &

Somashekhar.R, Advocate)                                    ….  Complainant.

 

- V/s -

1) UNICELL TELECOMMUNICATION

SERVICES, Authorized Service Center,

#224/241, Shyam Square,

Between 1^st & 2^nd Cross,

Brahmin Street, Near KSRTC

Bus Stand, Kolar.

 

Now shifted to 1^st Floor,

Bank of Baroda Building,

Near KSRTC Bus Stand, Kolar.

 

2) Samsung India Electronics Pvt. Ltd.,

A25, 224/241, Ground Floor,

Front Tower, Mohan Co-operative

Industrial Estate, New Delhi-110 044.

 

(OP Nos.1 & 2 since placed Exparte)                               …. Opposite Parties.

-: ORDER:-

BY SRI. N.B. KULKARNI, PRESIDENT

01.   The complainant having submitted the complaint on hand as envisaged Under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred in short as “the Act”) has sought, relief of compensation of Rs.10,000/- and also to instruct the Ops to rectify the mobile handset worth of Rs.28,500/- of its defect, free of costs.

 

02.   The facts in brief:-

It is contended that, on 18.08.2013 mobile handset being SAMSUNG Galaxy Note II, Model No. GT N7100 RWDINU, IMEI No.357729/05/349421/0 (S.No.8-806085266070) from Ops regarding which a receipt was issued by Mahaveer Infocomm Samsung Smart Cafe, M.G. Road, Kolar-563 101, (reliance on the document annexed).  And that as the handset did not work properly he got it updated through internet.  And that in spite of it, it could not work.  And that on presenting the same to OP-1 on 25.09.2014 they insisted to produce bill (cash voucher).  And that however on 10.12.2014 the handset was made out to the Ops and it was returned by OP-1 only after four months on 28.04.2014 with the defect being continued.  And that he was informed that, for replacement of the motherboard the cost would be Rs.7,500/-.  And that, when the said handset was with the Ops, the warranty period had already lapsed.  And that he was constrained to lodge complaint before this Forum on 26.05.2014 which ended in settlement outside the Forum as the Ops had promised to replace the mother board at their own cost which they did comply.  And that thus the said complaint came to be dismissed on 17.10.2015.

 

(b)    Further it is contended that, since the very same earlier defect of not receiving the SIM card option continued (Micro-SIM) he had opted for reviewing the said case by giving interim application for which this Forum insisted to prefer a fresh complaint and hence the complaint.

 

03.   As per the proceedings noted in the order-sheet dated: 02.12.2015 and 22.12.2015 OP-1 and OP-2 came to be placed exparte respectively.  Hence the complainant has submitted his affidavit evidence and the learned counsel for the complainant has submitted written arguments on 07.01.2015.

 

04.   Even on this day heard the oral arguments of the learned counsel for the complainant.

 

05.   Therefore the points that do arise for our consideration in this case are:-

1. Whether the Ops are guilty of deficiency in their service?

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

 

3.  What order?

 

06.   Findings of this District Forum on the above stated points for the following reasons are:-

 

POINT 1:     In the Affirmative.

 

POINT 2:     The complainant is held entitled to refund the cost of the said mobile hand set in a sum of Rs.28,500/- with compensation of Rs.5,000/- together with interest @ 9% per annum over this sum from 05.11.2015 till realization for being recovered from the Ops jointly and severally.

 

POINT 3:     As per final order for the following:-

 

REASONS

POINTS 1 & 2:-

07.   To avoid repetition in reasonings and as these points do warrant common course of discussion, the same are taken up for consideration at a time. 

 

(a)    It is a fact that on 17.10.2015 C.C. No.17/2015 came to be settled between the very same parties with regard to the very same mobile hand set on option of the Ops to replace the motherboard which they in fact complied.  However the said compliance was not last too long.  The defect did continue and on approach being made the OP-1 insisted the complainant to part sum of Rs.1,250/- to rectify the same.  So what compliance the Ops had made on the strength of the said compromise?  It was only an eye wash and not the sincere effort with commitment to the pair the said mobile hand set to see that it was to remain error free.

(b)    So we are of the definite opinion even if direct the Ops to rectify the defect the very defect might recur.  Hence to put an end to the controversy we are of the opinion that the complainant should hand-over the said defective mobile hand set as in existing condition and the Ops should pay back the consideration amount of Rs.28,500/- to the complainant together with compensation of Rs.5,000/- for the mental agony suffered by the complainant together with interest at the rate of 9% per annum from 05.11.2015 till realization were being paid by the Ops jointly and severally. 

 

POINT 3:-

08.   We proceed to pass the following:-

 

 

 

ORDER

01.   For foregoing reasons this complaint stands allowed with costs of Rs.3,000/- against these OPs as hereunder:-

 

(a)    On replacement of the said mobile hand set SAMSUNG Galaxy Note II, Model No. GT N7100 RWDINU, IMEI No.357729/05/349421/0 (S.No.8-806085266070) with the Ops which they should receive, shall pay said sum of Rs.28,500/- together with compensation of Rs.5,000/- which shall also be together with interest at the rate of 9% per annum from 05.11.2015 till realization being the joint and several liability.

 

(02)  Send a copy of this order to both parties free of costs.

 

(Dictated to the Stenographer in the Open Forum, transcribed by him, corrected and then pronounced by us on this 08^th DAY OF JANUARY 2016)

 

 

 

 

 

MEMBER                             MEMBER                     PRESIDENT