BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023

CONSUMER COMPLAINT NO.284/2017

DATED ON THIS THE 16^th February 2018

      Present:  1) Sri. H.M.Shivakumara Swamy

B.A., LLB., - PRESIDENT   

                     2) Sri. Devakumar.M.C.                  

                                                B.E., LLB., PGDCLP   - MEMBER

Sri H.M.SHIVAKUMARA SWAMY,

President

1.     This complaint is filed for a direction to the opposite parties to pay Rs.14,999/- being the cost of mobile and also compensation, litigation expenses.  
2.     The brief facts alleged in the complaint are that the complainant has purchased Mi Max mobile phone on online for Rs.14,999/- with one year guarantee.  The said phone accidentally fell and damaged.  The same was handed over to opposite party No.1.  In spite of 2 months, the phone was not returned to the complainant.  There are several correspondence with opposite party No.1, but there is no response.  Hence, this complaint is filed.
3.    Both opposite parties served with notice, absent, placed exparte.  Then this matter is posted for evidence.  During evidence, complainant has filed his affidavit evidence and produced the documents.  Further evidence closed.  After hearing arguments, this matter is set down for orders.     
4.     The points arose for our consideration are:-

1. Whether the complainant establishes that there is deficiency of service on the part of opposite parties in not attending the repairs of the mobile and returning the same to the complainant, thereby the complainant is entitled for the relief sought?
2.  What order?

5.    Our findings on the aforesaid points are as follows:

Point No.1 :- Partly in the affirmative.

Point No.2 :- As per final order for the following

:: R E A S O N S ::

6.    Point No.1:- During evidence, the complainant has deposed that he has purchased a mobile in online transaction with opposite party No.1 and in addition to it, he has paid Rs.749/- towards accidental damage protection.  Accidently, the said phone fell from the hands of complainant and there is damage, which was handed over to opposite party No.1.  In spite several correspondence through E-mail, there is no response.  Thereby, both opposite parties committed deficiency in service in not attending the repairs of the complainant’s mobile or answering the queries of the complainant.  Thereby, there is deficiency in service on the part of opposite parties.  As such, opposite parties are liable to compensate the complainant with the value of the mobile, compensation and litigation expenses.  Hence, point No.1 is answered partly in the affirmative.
7. Point No.2:- In view of the findings recorded on point No.1, the opposite parties are liable jointly and severally to refund the cost of the mobile i.e. Rs.14,999/- with compensation of Rs.15,000/- and litigation expenses of Rs.2,000/- to the complainant. Hence, we pass the following order:-

:: O R D E R ::

1. The complaint is allowed in part.
2. The opposite parties are hereby jointly and severally directed to refund cost of the mobile i.e. Rs.14,999/- with compensation of Rs.15,000/- and litigation expenses of Rs.2,000/- to the complainant within 45 days from the date of this order.  Failing which the said total sum of Rs.31,999/- rounded off to Rs.32,000/- shall carry interest at 18% p.a. from the date of this complaint i.e. 15.09.2017 till payment. 
3. In case of default to comply this order, the opposite parties to undergo imprisonment and also liable for fine under section 27 of the C.P.Act, 1986.
4. Give the copies of this order to the parties, as per Rules.

(Dictated to the Stenographer transcribed, typed by her, transcript corrected by us and then pronounced in open court on this the 16^th February 2018)