Karnataka

Bidar

CC/48/2014

SHIVANAND REVANAYYA SWAMY - Complainant(s)

Versus

THE MANAGER MICRMAX INFORMATICS LTD DELHI - Opp.Party(s)

PRAKASH .V.M

17 Aug 2016

ORDER

::BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT BIDAR::

 

 

                                                                                                          C.C.No. 48/2014

 

                                                                                             Date of filing : 27/05/2014

 

                                                                                          Date of disposal : 17/08/2016

 

 

P R E S E N T:-              (1) Shri. Jagannath Prasad Udgata,

                                                                                         B.A., LL.B.

                                                                                                       President.

    

                                         (2) Shri. Shankrappa (Halipurgi),

                                                                      B.A.LL.B.

                                                                                  Member.

 

                                   

 

                                               

COMPLAINANT/S:           Shivanand S/o Revanaya Swamy,

                                           R/o Plot No.92, Adarsh Colony (I),

                                            Behind K.E.B,

        Tq: Dist: Bidar-585403.

 

              

 

 

                                       (By Sri. Prakash V.M., Advocate )

 

 

                                                      VERSUS

 

OPPONENT/S   :-       1.         The Manager,

            Micromax informatics Ltd, No.21/14A

            Phase-II, Naraina Industrial area,

            Delhi-110028.

 

 2.        FLIPKART,

WS retail services Pvt Ltd,

Warehouse, Khasara No. 435,

Road NO.#04, Lal Dara

Ext. Mahipalpur

Delhi-110037.

 

3.    The Micromax mobiles and tablets         Service Centre, Opposite: Axis Bank,               Kalapana Estate,Below Mahindra          two- wheeler show room,         B.V.B college Road, Bidar.

(O.P.no.3)Deleted as per order Dt.29-11-2014.

                                   

 

4.         Micromax mobiles dealer,

            Cell word mobiles,

            Opp: C.M.C Complex,

            Near Venkateshwara Xerox,

            Bhagathsingh Circle, Bidar.

 

 

 

                                      ( O.P.No.1 Exparte )

                                      (O.P.No.2 By Sri. Nithyananda K.R.,Advocate)

                                      (O.P.No.4 By Sri. Abdul Hafeez ,Advocate ) 

                             

 

 

::   J UD G M E N T  : :

 

 

 

By Shri. Jagannath Prasad Udgata, President.

 

              The complainant has approached this forum U/sec.  12 of Consumer Protection  Act, alleging as here under:-

 

 

2.          That, he had purchased a new Micromax Fun book 3G P600 Tablet ( Black,wifi,3G) bearing IMEI number 9112557-50171199 on 27-08-2013, manufactured by the opponent No.1, through the O.P. NO.2, on line, bearing Tax invoice No, DEL-20130800226681, who delivered the article on the even date against a price of RS.7999/- ( inclusive of tax).  The product was carrying one year warranty from the date of purchase.

 

3.             The complainant alleges that, within fifteen days of the purchase, the software of the product got corrupted and the set got defunct for which he sent the set to  the authorised dealer at Hadaspar, Pune, through one of his friends Mr. Shivakanth, where in the set was rectified by installing new software.  The effect of rectification was but short lived and the set develop  non- functional problem just after one month.  The item was again sent to the authorised service centre,  Hadaspar, Pune, where the software once again got rectified.  The representative of the  complainant enquired about the problems for which, the service centre feigned ignorance and further expressed that, should the product develop any problems in future, it had to be sent to the company ( O.P. No.1). Telephonically, the complainant had enquired with the customer service centre about the anomaly of the Key board and the tablet ( product) as revealed by the service centre at Pune.

 

4.           The complainant further alleges that, during the month of December of the year of purchase, the SIM card developed non-Symmetry with the software and the screen of the tablet had failed.  He approached the local service centre at Bidar who refused to render any service.  The service centre at Hadaspar, Pune also refused to attend the problems of the tablet during January,2014 and hence this complaint.

 

5.          Vis-à-vis the complaint only the opponent No.2 has participated in the case by filing written versions.  The opponent NO.1 has remained absent throughout and the complainant, out of his own volition had deleted the opponent No.3 from the proceedings.

 

6.          In their respective versions the opponent No.2 & 4 have washed off their hands claiming immunity on the pretext that, neither of them has offered any warranty of the product and the manufacturer, is solely liable for the same.  We find force is there submissions.

 

7.          The complainant and the opponents No.2&4 have filed their respective evidence affidavits and also the opponent No.2 had filed interrogatories, which was satisfactorily replied by the complainant.  The later had got marked as Exp.1 to 8 detailed at the end of this order.  Written arguments had been filed from both sides, and considering the same the following points arise for our consideration:-

 

 

 

1.  Is the complainant a consumer?
2. If so, who would be liable to compensate him for the defective product?

 

3. What order ?

 

 

 

8.   Our answers to the points stated above are as follows:-

        1. In the positive.

        2. Partially in  affirmative.

        3. As per the final order, for the following reasons:

 

                                            

 

 

 

REASONS.

 

              The opponent NO.1 abstaining from the proceedings had already established the mia- culpa and being manufacturer of the product, is solely responsible for the product anomalies to the complainant acquiring the item on good faith against considerations even though vide the online service of opponent No.2 has established his locus as a consumer.

            The opponents No.2, being the carrier of the product to provide to the consumer and the opponent No.4, being a non-entity  to the transaction cannot be held liable for the follies and only the opponent NO.1, be answerable for the defective item sold to the complainant, wherefore, the following orders.

 

ORDER

 

            The complaint is allowed.

 

            The opponent No.1 is hereby directed to refund the sum of RS.7,999/- ( the cost of the tablet) along with interest @ 12% P.a. from the date of acquisition of the product by the complainant i.e., 27-08-2013 till realisation.

            The opponent No.1 is further directed to pay a sum of Rs.5,000/- as compensation and litigation expenses of Rs.3,000/- to the complainant.

            The rest of the opponents are exonerated from the liability and the case against them is dismissed.

 

             Four weeks time granted to comply this order.

 

 

( Typed to our dictation then corrected, signed by us and then pronounced in the open Forum on this 17^th day of  August-2016 )

 

 

              Sd/-                                                                             Sd/-

  Sri. Shankrappa H.                                             Sri. Jagannath Prasad                                  

           Member.                                                                President

 

 

 

 

Documents produced by the complainant

1. Ex.P.1- Tax invoice by OP.No.2
2. Ex.P.2-Office copy of legal notice.
3. Ex.P.3- Postal receipts (four numbers)
4. Ex.P.4-to P6- Postal certificates certifying delivery of legal notices.
5. Ex.P.7- Office copy of reply to legal notice by opponent No.2
6. Ex.P.8- Postal certificate regarding delivery.

 

 Document produced by the Opponent

 

                    Nil

 

 

 

 

 

 

              Sd/-                                                                             Sd/-

  Sri. Shankrappa H.                                             Sri. Jagannath Prasad                                  

           Member.                                                                President