At, Kerala State Consumer Disputes Redressal Commission Thiruvananthapuram
By, THE HONOURABLE MR. T.S.P. MOOSATH
By, JUDICIAL MEMBER
By, THE HONOURABLE MR. R. RANJIT
By, MEMBER & THE HONOURABLE MRS. A. BEENA KUMARI
For the Appellant: Fathima Priyadarsini, Advocate. For the Respondents: --------
A. Beena Kumari, Member
The appellant is the complainant in C.C.No. 554/2014 on the file of Consumer Disputes Redressal Forum, Ernakulam and the respondents are the opposite parties. The District Forum directed to the opposite parties to replace the mobile handset under dispute with a new one with fresh warranty according to the choice of the complainant. The difference in price if any shall be met by either. The complainant is directed to return the defective handset to the 2nd opposite party simultaneously . The complainant is not satisfied with this order. Hence she preferred this appeal.
2. Facts of the case as follows.
3. The petitioner purchased a Samsung S4 mini Mobile handset having the facilities of 8MP camera and HD Video from the 1st opposite party on 09-08-2013 for an amount of Rs. 26,900/- . The petitioner is working as a trainer of teachers of SarvaSiksha Abhiyan under deputation. She is also a member of documentation team of Sarva Siksha Abhiyan and she is in duty of documentation in Thrissur District. As she explained the 1st opposite party the purpose of purchasing a mobile hand set for her, the 1st opposite party the purpose of purchasing a mobile hand set for her, the 1st opposite party recommended her to purchase the above said Samsung S4 mini Mobile handset as it is suitable for her purpose. But the said mobile handset showed several inconveniences. Many of her documentaries and other valuable video clippings shooted by this mobile hand set were totally get destroyed. Even after repeated requests the opposite parties never tried to cure the inconveniences or refund the price of the mobile or give another mobile handset of the same brand and quality . Hence this complaint has been filed by the complainant claiming refund of the price of the mobile handset which she had purchased from the 1st opposite party and was manufactured by the 2nd opposite party, and also seeking direction against the opposite parties to pay compensation of two lakhs together with costs of the proceedings.
4. The 2nd opposite party filed their version stating that they are ready to replace the defective mobile handset of the complainant with a new one according to the choice of the complainant. The District Forum accordingly ordered the complaint and directed the 2nd opposite party to replace the mobile handset with a new one with fresh warranty according to the choice of the complainant. The difference in price if any shall be met by either . The complainant is directed to return the defective handset to the 2nd opposite party simultaneously. Aggrieved by the impugned order the complainant/appellant filed this appeal.
5. The appellant/ complainant argued that the District Forum failed to order compensation and costs since a lot of grievances the appellant had suffered due to the wilful negligence of the opposite party respondents. They further argued that the District Forum ought to have held that there is deficiency in service and unfair trade practice on the part of the opposite parties. Hence the appellant prayed for setting aside the order of the District Forum.
6. The 2nd opposite party in their version stated their willingness to replace the disputed mobile phone with a new one. The District Forum appreciated their statement and accordingly order passed, but the complainant had suffered too much mental agony and inconvenience for the purchase of this defective phone. The District Forum ought to have ordered to give compensation and costs of the proceedings to the complaint. Hence we find that it is adequate to allow compensation and costs to the complainant for the redressal of her grievances.
In the result appeal is part
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ly allowed ie we modify the order of the District Forum that the 2nd opposite party shall also pay Rs. 5000/- as compensation and Rs. 3000/- as costs to the complainant/appellant in addition to the order passed by the District Forum in C.C.No. 554/2014. The time for compliance of the order is one month from the date of receipt of the order otherwise 9 % annual interest shall be carry on the above mentioned amounts.