BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM ::
KADAPA Y.S.R DISTRICT
PRESENT SRI V.C. GUNNAIAH, B.Com., M.L., PRESIDENT
SMT. K. SIREESHA, B.L., LADY MEMBER
SRI M.V.R. SHARMA, MEMBER
Monday, 27th June 2016
CONSUMER COMPLAINT No. 101 / 2015
S. Bharathkumar Reddy, S/o S. Viswanath Reddy,
aged 24 years, Hindu, R/at D.No. 19/790, Upstairs,
Vijaya Sree Complex, J.M. Street, Kadapa City,
YSR District. ….. Complainant.
Vs.
1. Nakshtra Mobiles, Rep. by its Proprietor,
Shop No. 4/723-16, Janatha Complex,
Beside Bata Show Room, Near Old Busstand,
Nagarajupet, Kadapa – 516 001.
2. Lenova (India) Pvt. Ltd., Rep. by its Managing Director,
Fernsicon, Level 2, Doddenakundi Village,
Marathahalli Outer Ring Road, R.K. Puram, Hobli,
Bangalore – 560037, Karnataka, India.
3. Tirumalaa Electronics, Rep. by its Proprietor,
Authorized Service Centre, Behind Hotel Mayura,
Beside Andhra Bank ATM, Pogathota, Nellore – 524 001. ….. Respondents.
This complaint coming for final hearing on 20-6-2016 in the presence of Sri G. Trivikram Singh, Advocate for Complainant and Sri G. Kishor Kumar, Advocate for R2 and R1 and R3 are forfeited on 11-4-2015 and upon perusing the material papers on record, the Forum made the following:-
O R D E R
(Per V.C. Gunnaiah, President),
1. The complainant filed this complaint under section 12 of Consumer Protection Act 1986 (for short herein after called as C.P. Act) praying this to direct the Respondents to replace or to refund the price of mobile i.e. Rs. 14,700/- with interest @ 24% p.a. from the date of its purchase i.e. 6-10-2014 till realization, to pay Rs. 30,000/- towards compensation for mental agony and physical strain and to pay Rs. 3,000/- towards costs of the complaint.
2. The averments of complaint in brevity are that the Complainant has purchased a Lenovo mobile manufactured by R2 from R1, who is authorized dealer of R2 on 6-10-2014 for an amount of Rs. 14,700/- under cash bill bearing No. 4137. R3 is the authorized service center of R2. The said mobile was provided with one year warranty. The said mobile phone purchased by the Complainant developed with problem such as net work dropping, battery problem. He was unable to use the phone even to attend calls from his relatives and family members. Atlast he came to know that there is manufacturing defect of the said mobile. He could not get the calls. He approached R1 and informed about the defects in the mobile. R1 informed him to contact the service center at Nellore. He approached R3 on 9-6-2015 and after noting the problem and return the phone saying that the problem is rectified. However, the defect was not rectified and was persistent. Again the Complainant handed over the mobile on 25-6-2015 with the same problem. Again he handed over the phone to R3 and again returned the mobile to the Complainant saying the problems are rectified. But the problems are still persisting. The Complainant sent number of e-mails to R2 customer care but not rectified the defects. He also personally requested R1 and R2 to solve the problem, but failed. Thus they caused mental agony to the Complainant. There is manufacturing defect to the mobile phone sold to him. The Complainant got issued legal notice on 5-11-2015 to the Respondents. R2 issued reply on 10-11-2015 offering one time part replacement to the defective mobile of the Complainant and failed to replace with defective mobile with new one. Hence, the complaint for the above releifs.
3. Right of Respondents 1 & 3 to file written version is forfeited on 11-4-2015.
4. Respondent No. 2 filed counter denying the allegations in the complaint as pleaded by Complainant with regard to deficiency in service, manufacturing defects etc., however, admitted the Complainant purchased mobile phone as pleaded. It is further contended that R2 people attended the calls of Complainant and rectified the defects and replaced parts. It is further contended R2 Company had already offered Complainant a brand new mobile phone viz., Lenovo S860 which is higher in specifications appeared to the existing mobile of the Complainant viz., Lenovo S850. But the Complainant refused to take the same and approached this forum with an intention of making profit out of the complaint. Hence, the forum may be pleased to direct the Complainant to accept new mobile phone offered as replacement and to pass such other orders.
5. On the basis of the above pleadings the following points are settled for determination.
- Whether the complainant is entitled for the reliefs sought for against the Respondents?
- To what relief?
6. No oral evidence has been let in by the parties. But on behalf of complainant Exs. A1 to A5 documents are marked. On behalf of Respondent No. 2 Exs. B1 to B6 documents are marked.
7. Heard arguments on both sides and considered the written arguments filed by Respondent No. 2.
8. Point No. 1. Though in the initial paragraph of written version of R2 who contested the matter denied the allegations regarding problems, crept in the mobile phone, however, admitted in the later paragraph that the defectives were properly repaired and rectified. R2 also admitted in 11th paragraph that they offered the Complainant a brand new mobile phone in place of the mobile sold to Complainant. But the Complainant refused to take the same and in the last paragraph it is prayed to direct the Complainant to accept the new mobile offered by them.
9. In this case the Complainant case is that the mobile phone purchased by him is a Lenovo S850 model and its costs is Rs. 14,700/- and it developed problems eversince from the date of its purchase under Ex. A1 bill and in spite of he handed over the mobile phone to R1 and R3 the defects were not rectified and not replaced the mobile with new one or refund the amount. Since, R2 who is the manufacturer admitted that they would replace a new mobile phone Lenovo in place of old one to the Complainant there is no need to have much discussion regarding deficiency in service and defects of the mobile in this case. It is sufficient in this case, if a direction is given to the Respondents 1 & 2 to provide a new mobile phone to the Complainant in place of old one sold to him with one year warrantee the same would meet the ends of justice in the case. Accordingly, point is answered.
10. Point No. 2. In the result the complaint is allowed, directing the Respondents 1 & 2 to replace with a new Lenovo mobile phone in place of old one sold to Complainant with one year warranty, within 30 days from the date of receipt of this order and shall also pay Rs. 3,000/- (Rupees three thousand only) to the Complainant for mental agony and Rs. 3,000/- (Rupees three thousand only) towards costs of this complaint. Complaint against R3 is dismissed.
Dictated to the Stenographer, typed my dictation by Stenographer, corrected and pronounced by us in the open forum, this the 27th June 2016
MEMBER MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses examined.
For Complainant: NIL For Respondents : NIL
Exhibits marked for Complainant : -
Ex. A1 Cash bill receipt issued by the R1 for Rs. 14,700/- dt. 6-10-2014 in favour of Complainant.
Ex. A2 Job cards (four in number) dt. 9-6-2015, 25-6-2015, 7-9-2015 and 19-9-2015 issued by R3 in favour of the Complainant.
Ex. A3 Complaints made by the Complainant to R2 through E-mails and replies
thereon.
Ex. A4 Office copy of legal notice dt. 5-11-2015 issued by the Complainant to the
Respondents along with postal receipts with two acknowledgements cards.
Ex. A5 Reply legal notice dt. 10-11-2015 and dt. 10-12-2015 issued by the R2 to
the Complainant counsel.
Exhibits marked on Respondent No.2:-
Ex. B1 P/c of resolution of the board.
Ex. B2 P/c of the service report titled customer unit receipt dt. 9-6-2015.
Ex. B3 P/c of Service report titled customer unit receipt dt. 25-6-2015.
Ex. B4 P/c of the service report dt. 7-9-2015.
Ex. B5 P/c of service report titled customer unit receipt dt. 19-9-2015.
Ex. B6 P/c of the Lenovo limited warranty.
Exhibits marked on Respondents 1 & 3 :-
MEMBER MEMBER PRESIDENT
Copy to :-
1) Sri G. Trivikram Singh, Advocate for Complainant.
2) Sri G. Kishor Kumar, Advocate for R2.
3) Nakshtra Mobiles, Rep. by its Proprietor, Shop No. 4/723-16,
Janatha Complex, Beside Bata Show Room, Near Old Bus stand,
Nagarajupet, Kadapa – 516 001.
4) Tirumalaa Electronics, Rep. by its Proprietor, Authorized Service
Centre, Behind Hotel Mayura, Beside Andhra Bank ATM,
Pogathota, Nellore – 524 001
B.V.P
