IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOLLAM
DATED THIS THE 28TH DAY OF APRIL 2016
Present: - Smt. G.Vasanthakumari, President
Adv. Ravisusha, Member
Adv.M.Praveen Kumar, Member
CC.No.279/2015
Joy (Roy.V.Joy) : Complainant
Variamparambil
Naduvilath
Maleperoor
Manjapara
Aayur, Kollam
V/S
1. Videocon Industries Ltd : Opposite parties
14 Km Stone
Pathan Road
Chittegaon Village,
Pathan Taluk
Aurangabad District
Maharashra State
PIN – 431105
2. Divx Communications
3rd Floor
Penta Menaka
Shanmukhan Road,
Cochin – 31
3. Universal Digital Connect Ltd
254, 2nd Floor
Udyog Vihar Phase 4
Gurgaon
Hariyana State – 12205
4. Infotel
Opposite SBT Bank
Ayur, Kollam District
Kerala
(2)
ORDER
SMT.G.VASANTHAKUMARI, PRESIDENT
Complainant’s case is that he purchased a Videocon infinium X30 mobile phone having one year warranty on 24/01/2015 from opposite party 4 for a sum of Rs.3500/-, that from 19/08/15 touch sensation of the phone was not working and he approached opposite party 4 and opposite party 4 advised to give the same to opposite party 2 service centre, that he approached
opposite party 2 and handed over the phone on receipt, that even after repeated demands opposite party 2 has not turned up either to return the phone repaired or to hand over in the defective condition and hence this complaint.
During the pendency of the complaint, complainant filed IA.61/15 to delete opposite party 3 from the party array. IA allowed and the case stands against opposite parties 1,2 and 4. Even after service of notice opposite parties 1,2 and 4 not turned up and remains exparte. Hence opposite parties 1,2 &4 declared as exparte and proceeded against them.
The points that would arise for consideration are:-
(1). Whether there is any deficiency in service on the part of opposite parties 1,2 and 4?
(2).Reliefs and costs?
The evidence in this case consists of only the proof affidavit put in by complainant and Exts P1 and P2.
The Points:- Ext.P1 bill evidences that the complainant purchased a Videocon infinium X30 mobile phone having one year warranty on 24/01/15 from opposite party 4 for a sum of Rs.3500/-. According to the complainant from 19/08/15 touch sensation of the phone was not working and he approached opposite party 4 and on the advise of opposite party 4 phone was entrusted with opposite party 2 for repair. Ext.P2 evidences the same. But thereafter opposite party 2 neither returned the phone curing the defects nor otherwise. Even after receipt of notice opposite parties 1,2 and 4 have not tuned up. Plaint claim stands proved through proof affidavit and Exts.P1 and P2. We are of the opinion that opposite parties 1,2 & 4 are bound to return the value of the phone jointly or severally.
In the result, the complaint is allowed in part directing opposite parties 1,2 and 4 to pay a sum of Rs.3500/- jointly or severally to the complainant. Opposite parties 1, 2 & 4 are also directed to pay a compensation of Rs.5000/- and cost Rs.1500/- to the complainant jointly or
(3)
severally. The order is to be complied with, within 30 days of receipt of a copy of this order, in default Rs.3500/- will carry interest at the rate of 12% from the date of order.
Dated this the 28th day of April 2016.
G.VASANTHAKUMARI:Sd/-
ADV.RAVISUSHA: Sd/-
ADV.M.PRAVEENKUMAR: Sd/-
Forwarded/by Order
Senior Superintendent
I N D EX
Ext.P.1:-Cash bill dated 24/01/15
Ext.P.2:-Job sheet
