IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Wednesday the 31st day of May, 2017
Filed on 17.01.2017
Present
1. Smt. Elizabeth George (President)
2. Sri. Antony Xavier (Member)
3. Smt. Jasmine D (Member)
in
CC/No.13/2017
Between
Complainant:- Opposite parties:-
Sri. Ratheesh.B 1. Mobile Home
Krishna Bhavan South of Zilla Court Bridge
Kalarkode Mullackal
Sanathanapuram.P.O Alappuzha
Alappuzha-688 003
2. Getronics
3rd Floor, Chandra Square
A.V.J. Junction, Mullackal
Alappuzha
3. Micromax Informatics Ltd
Micromax House, 90 B
Sector-18, Guragoan-122015
O R D E R
SMT. JASMINE D. (MEMBER)
The case of the complainant is that the complainant has purchased a mobile phone from the 1st opposite party manufactured by 3rd opposite party for an amount of Rs. 9500/- on 4/6/2011. But the speaker of the said phone became defective on 4/7/2016 and entrusted to the 2nd opposite party who is the authorized service center of the 3rd opposite party. The phone was returned on 12/7/2016. But the defect was not rectified and the complainant again entrusted the phone to the 2nd opposite party on the same day itself. The 2nd opposite party returned the phone after 24 days. But same defect persisted. As the speaker system of the phone was not working and the complainant was forced to use head set. Again for the same defect the complainant entrusted the phone to the 2nd opposite party on 4/11/2016. The complainant further alleged that the speaker system that the product became defective on many occasion during the warranty period and complainant entrusted it to the 2nd opposite party for a number of times. When the phone was returned to the complainant after repairing, the complainant noticed that there was a scratch on the body and there was no such scratch when he was entrusted phone for repairing. When the complainant pointed out about this complaint the 2nd opposite party assured to replace the phone. But so far the set has not been replaced or repaired properly. The complainant sustained much mental agony and hence filed this complaint.
2. Notice was issued to the opposite parties. Notice against 1st opposite party returned. Notice against 3rd opposite party not returned. Notice against 2nd opposite party served and they appear before the Forum and agreed to settle the matter but thereafter they were absent. Hence opposite party 2 was set exparte.
3. Complainant produced the phone before the Forum which was marked as Ext.MO1 and the documents produced were marked as Ext. A1 to Ext.A6
4. Considering the allegations of the complainant the 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 any relief ?
5. Issues 1 and 2 :-
The case of the complainant is that he has purchased a phone from the 1st opposite party manufactured by the 3rd opposite party and the phone has 1 year warranty. During the warranty period the phone became defective on many occasions but the opposite parties failed to rectify the defects or to replace the phone. The complainant sustained much mental agony and hence filed this complaint.
In order to substantiate his allegation the complainant produced 6 documents which were marked as Ext.A1 to Ext.A6. Ext.A1 is the copy of bill dated 4/6/2016. From this it can be seen that the complainant has purchased a micromax canvas pulse 4G mobile for an amount of Rs. 9500/-. Ext.A2 is the job sheet dated 4/7/2016 from this it can be seen that the complainant has entrusted the phone to the 2nd opposite party on 4/7/2016 and the problem reported is poor incoming Audio quality. Ext.A2(a) shows that the hand set was returned after repairing on 13/7/2016. Ext. A3 is the job sheet dated 13/7/2016 and the problem reported is battery not charging. Ext.A3 (a) shows that the same was returned on 28/7/2016. Ext.A4 is the job sheet dated. 4/11/2016 and the problem reported is no incoming Audio and Ext.A4 (a) shows that the same was returned on 7/11/2016. Ext.A5 is the job sheet dated 4/11/2016 and the problem reported is no outgoing Audio. Ext.A6 is the job sheet dated 3/1/2017 and the problem reported is no outgoing audio.
From the documents it is crystal clear that the mobile phone was defective on many occasions. It is pertinent to note that the phone became defective within one month from the date of purchase. In almost all the job sheets the problem reported is with regards to the audio. So the same defect continues even after repeated repairing. Therefore the defect of occurred of the phone is a recurring defect. By considering all the documents the Forum convinced that there is gross deficiency in service from the side of the opposite parties and because of the deficiency in service the complainant herein sustained much mental agony and inconvenience and therefore the opposite parties are liable to refund the price of the phone and to pay compensation to the complainant and the opposite parties 2 and 3 are jointly and severally liable for the same.
In the result the complaint is allowed. The opposite party 2 and 3 are directed to refund the price of the mobile phone Rs. 9500/- (Rupees Nine thousand Five Hundred only) to the complainant and further directed to pay an amount of Rs. 3000/-(Rupees Three thousand only) towards compensation and Rs.500/- (Rupees Five hundred only) towards cost of the proceedings.
The order shall be complied within one month from the date of receipt of this order. Failing which the amount Rs.9500/-(Rupees Nine thousand Five hundred only) to shall carry interest @ 9% per annum . On compliance of the order the opposite party can collect the mobile phone from the office of the Forum.
Pronounced in open Forum on this the 31st day of May, 2017.
Sd/- Smt. Jasmine.D. (Member)
Sd/-Smt. Elizabeth George (President)
Sd/-Sri. Antony Xavier (Member)
Appendix:-
Evidence of the complainant:-
Ext.MO1 - Mobile phone
Ext.A1 - Copy of Bill dated. 4/6/2016
Ext.A2 - Copy of Job sheet Dated . 4/7/2016
Ext.A2(a) - Copy of Dispatch information Dated . 13/7/2016
Ext.A3 - Copy of Job Sheet. Dated. 13/7/2016
Ext.A3(a) - Copy of Dispatch information Dated. 28/7/2016
Ext.A4 - Copy of Job sheet Dated. 4/11/2016
Ext.A4(a) - Copy of Dispatch information Dated.7/11/2016
Ext.A5 - Copy of Job sheet Dated. 14/11/2016
Ext.A6. - Copy of Job sheet Dated. 3/1/2017
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- br/-
Compared by:-
