By Sri.M.P.Chandrakumar, Member :
The case of the complainant is that he had purchased a Samsung mobile from the opposite party on 28-08-14, after paying Rs.16500/-. Soon after the use, all the four sides of the phone became discoloured. The colours faded and in appearance it looked like a very old phone. Certain people even teased him for using such an old phone. When the complainant approached the opposite party with the phone, and informed the matter, the opposite party and his staff insulted him and informed him that it is impossible to replace the phone by a new one. This act of the opposite party amounts to deficiency of service. The complaint has been filed with prayers to direct the opposite party to refund Rs.16500/-, being the cost of the phone, with 12% interest from 28/8/2014, the date of the purchase, in addition to compensation and cost
2.The opposite party remained exparte. The complainant has filed proof affidavit and Exhibits P1 and P2. Ext.P1 is the invoice No S004416 dated 28/8/2014 relating to the purchase of the mobile phone, whereas Ext.P2 series contains various photographs of the mobile phone, to prove the fading of the colour and also to prove that certain places of the mobile ‘’ പെയിന്റ് ഇളകിയതുപോലെ വിരൂപമാകുകയും ചെയ്തു ‘’. The mobile has been produced before the Forum, shown to us and returned to the complainant. There is no evidence to the contrary
3.Considering the above, the complaint is allowed. The opposite party is directed to pay the complainant, Rs.16500/-(Rupees Sixteen thousand and five hundred only), along with 12% interest, in addition to Rs.5000/-(Rupees Five thousand only) towards compensation and cost to the complainant, within a month from the date of receipt of this order. On getting the above amount, the complainant will hand over the mobile phone to the opposite party.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 31st day of August 2016.
