IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA 

Tuesday the 31st day of October, 2017

Filed on 16.03.2017 

Present

1. Smt. Elizabeth George (President)

2. Sri. Antony Xavier (Member)

3. Smt. Jasmine D (Member) 

in

CC/No.75/2017

 Between

Complainant:-              Opposite parties:-

 

Sri. Umman Abraham 1. M/s Oxygen The Digital Shop

Aged 56 years AMCW 26/278

Mappilassery Trading company Building

Pazhaveedu. P.O. Near General Hospital

Alappuzha Alappuzha.  Rep. by its Manager

 

2. M/s Syntech Technology(p) Ltd

E-9, Block No.B1

Ground Floor   

Mohan Co-operative Industrial Estate, Mathura, 

  New Delhi-110044

Rep. by its Managing Director

 

3. M/s Supertron Electronics (p) Ltd

1st Floor, CVR Building, 

Hosur Road, Wilson Garden

Banglore-560027

Rep. by its Managing Director

 

 

O R D E R

SMT. JASMINE D. (MEMBER)

 

The case of the complainant is that the complainant had purchased a mobile phone from the 1st opposite party for an amount of Rs. 20,200/- on 23/4/16.  The product has one year warranty.  During warranty period the product became defective.  Though the complainant contacted the 2nd opposite party through telephone most of the times it was un attended.  Occasionally the call was attended but the defect was not rectified.  On 1/12/16 the product became totally functionless and the complainant could not use the phone.  The opposite party failed to provide assured service to the complainant.  The complainant sustained much mental agony and hence filed this complaint. 

        2.  Notice was served to the opposite party but they did not appear before the Forum hence opposite parties 1 to 3 were set expartie.  

 Complainant has filed proof affidavit and documents Ext.A1 and Ext.A2 were marked.  Complainant also produced the phone before the Forum  which was marked as Ext.MO1.  

      3 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 party?

        2)       Whether the complainant is entitled to get any relief?

       4.  Issues:-

        The case of the complainant is that complainant had purchased a mobile phone from the 1st opposite party for an amount of Rs. 20,200/- on 23/4/16.  The product has one year warranty during the warranty period the product became defective.  Even though the complainant contacted the opposite party the defect of the phone has not been rectified.  According to the complainant the phone is totally functionless and he could not use the phone.  Hence filed this complaint. 

Complainant filed proof affidavit and Ext.A1 and Ext.A2.  Ext.A1 is the retail invoice dated 23/4/16.  Ext.A2 is the warranty card.  From the documents it clear that the product is under warranty.  Since the defect occurred within the warranty period the opposite parties are liable either to rectify the defect free of cost or to replace the phone.  Even though the notice was served to the opposite parties they did not appear before the Forum.  This shows their carelessness and irresponsible attitude.   The opposite parties did not even file version.  The proof affidavit filed by the complainant remains unchallenged.  There is no need to disbelieve the complainant.  The facts and circumstances of the case together with the documents made it clear that the complainant’s case is true. The opposite parties failed to provide to assured after sale service to the complainant and therefore they have committed deficiency in service and the complainant is entitled to get the relief.  So the complaint is to be allowed.  The opposite parties are jointly and severally liable for the same.  

In the result the complaint is allowed.  Opposite parties are directed to replace mobile phone with new one of the same model/ price.   The grievances of the complainant having been met adequately we refrain from awarding compensation no order as to cost. Order shall be complied within one month from the date of the receipt of this order. Failing which the opposite parties are directed to refund the price of the mobile phone Rs. 20,200/- with 9% interest from the date of order till realization.

Dictated to the Confidential Assistant, transcribed by her corrected by me and pronounced in  open Forum on this the 31st day of October, 2017.

Sd/- Smt. Jasmine.D.  (Member) :

Sd/- Smt. Elizabeth George (President):

Sd/- Sri. Antony Xavier (Member) :

Appendix:-Evidence of the complainant:-

 

Ext.A1 - Retail Invoice dtd. 23/4/.2016

Ext.A2 - Warranty card

Ext.MO1 - Mobile phone

 

Evidence of the opposite parties:-  Nil

// True Copy //

 

           By Order

 

 

                Senior Superintendent

To

Complainant/Opposite Party/S.F

 

 

Typed by :- br/-

Compared by :-