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Jasmine v/s Proprietor, MBM Communications, Ernakulam District & Another


Company & Directors' Information:- MBM LIMITED [Active] CIN = U72501PB1986PLC006743

Company & Directors' Information:- T P COMMUNICATIONS LIMITED [Active] CIN = U22211UP1995PLC019014

Company & Directors' Information:- A AND M COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U74899DL1993PTC056539

Company & Directors' Information:- S P COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U45100WB1997PTC085372

Company & Directors' Information:- L-3 COMMUNICATIONS INDIA PRIVATE LIMITED [Active] CIN = U31909KA1999PTC025302

Company & Directors' Information:- JASMINE LIMITED [Active] CIN = U51909MH2003PLC143178

Company & Directors' Information:- JASMINE LTD [Not available for efiling] CIN = L51909AS1984PLC002228

Company & Directors' Information:- P U COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U74899DL1995PTC070141

Company & Directors' Information:- AMP COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U74999MH2014PTC260254

Company & Directors' Information:- J. P. COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U51395UP1998PTC024022

Company & Directors' Information:- S R COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U72900DL2000PTC106970

Company & Directors' Information:- M G COMMUNICATIONS PRIVATE LTD [Converted to LLP] CIN = U74899DL1986PTC023568

Company & Directors' Information:- S N COMMUNICATIONS PRIVATE LIMITED [Converted to LLP] CIN = U72900DL2002PTC118175

Company & Directors' Information:- B E COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U64204WB2007PTC117516

Company & Directors' Information:- S A COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U64204MH2020PTC343477

Company & Directors' Information:- N AND M COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U92112MH1996PTC102814

Company & Directors' Information:- JASMINE INDIA PVT LTD [Active] CIN = U51109WB1982PTC035543

Company & Directors' Information:- E 6 COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U74899DL1986PTC024856

Company & Directors' Information:- B N B COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U30009DL1996PTC081267

Company & Directors' Information:- VERSUS COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U74300WB2005PTC103033

Company & Directors' Information:- A P COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U94201DL2001PTC112095

Company & Directors' Information:- N V COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U72200DL2005PTC135640

Company & Directors' Information:- N C COMMUNICATIONS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U72500DL1996PTC075119

Company & Directors' Information:- S AND S COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U32102KA1991PTC012068

Company & Directors' Information:- U AND I COMMUNICATIONS PRIVATE LIMITED [Under Process of Striking Off] CIN = U74900PN2012PTC144206

Company & Directors' Information:- N & D COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U74900TN2003PTC050717

Company & Directors' Information:- R C COMMUNICATIONS PVT LTD [Strike Off] CIN = U93090OR2006PTC008788

Company & Directors' Information:- G AND M COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U72900DL2006PTC146926

Company & Directors' Information:- D S COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U64202DL2005PTC142556

Company & Directors' Information:- O. T. S. COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U93000MH2007PTC169128

Company & Directors' Information:- R K D COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U64200MH2011PTC217962

Company & Directors' Information:- N S S COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U72200TG2010PTC071384

Company & Directors' Information:- D T N COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U64203TN1982PTC009325

Company & Directors' Information:- B R I O COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U22300DL2012PTC242469

Company & Directors' Information:- K AND I COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U74999DL2005PTC140331

Company & Directors' Information:- M M M COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U32204DL2007PTC164017

Company & Directors' Information:- D W W COMMUNICATIONS PRIVATE LIMTIED [Strike Off] CIN = U64200DL2007PTC169339

Company & Directors' Information:- K 2 COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U74300KA2007PTC042842

Company & Directors' Information:- K. R. COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U74999GJ2016PTC093336

Company & Directors' Information:- A. N. COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U74130DL2020PTC372569

Company & Directors' Information:- V R COMMUNICATIONS INDIA PRIVATE LIMITED [Active] CIN = U74999PN2021PTC202406

Company & Directors' Information:- U F O COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U92100DL1997PTC087625

Company & Directors' Information:- K & K COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U74300TN1995PTC030627

Company & Directors' Information:- Z AND N COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U74300TZ1996PTC007333

    Appeal No. 193 of 2015

    Decided On, 01 November 2019

    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
    By, MEMBER

    For the Appellant: Fathima Priyadarsini, Advocate. For the Respondents: --------



Judgment Text

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.
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