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Sony Mobile Communications Pvt. Ltd. & Another v/s Naveed Khayum


Company & Directors' Information:- SONY INDIA PRIVATE LIMITED [Active] CIN = U74899DL1994PTC062781

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

Company & Directors' Information:- MOBILE COMMUNICATIONS INDIA PRIVATE LIMITED [Active] CIN = U74899DL1992PTC048236

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:- 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:- J M M MOBILE PRIVATE LIMITED [Amalgamated] CIN = U65990MH1994PTC079153

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

Company & Directors' Information:- S SONY AND CO PVT LTD [Active] CIN = U74899DL1981PTC011522

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

Company & Directors' Information:- MOBILE-X PRIVATE LIMITED [Active] CIN = U64202TN2000PTC044905

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:- E 6 COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U74899DL1986PTC024856

Company & Directors' Information:- SONY MOBILE COMMUNICATIONS (INDIA) PRIVATE LIMITED [Amalgamated] CIN = U32204DL2007FTC162469

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. 437 of 2016

    Decided On, 23 July 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 Appellants: Jaideep G. Nair, Advocate. For the Respondent: S. Reghukumar, Advocate.



Judgment Text

A. Beena Kumari : Member

The appellants are the opposite parties in C.C. No. 40/2015 on the file of Consumer Disputes Redressal Forum, Malappuram. The respondent is the complainant. The opposite parties were ex-parte in the District Forum.

2. Brief facts of the case are as follows: The complainant had purchased a mobile phone worth Rs. 29,333/- on 14.01.2014 by seeing the attractive advertisement of opposite parties. Thereafter the screen of the mobile phone was broken and it was replaced with new one. After one week, the replaced mobile phone was got damaged. The complainant approached the 2nd opposite party for replacement of the mobile phone. But they were not ready for the same. Thereafter the complainant had issued a registered lawyer’s notice to the 1st opposite party, for which they had not replied. The complainant alleging deficiency in service upon the opposite parties filed this complaint. Opposite parties were remained exparte. On the basis of the evidences adduced by the complainant the District Forum allowed the complaint and directed the opposite parties to pay Rs. 29,333/-, the price of the mobile phone with compensation of Rs. 10,000/- and cost of Rs. 4,000/- to the complainant. Aggrieved by the impugned Order, the opposite parties filed this appeal.

3. The appellants argued that the order of the District Forum is against the facts of the case. The Forum ought to have appreciated the fact that whenever the complainant is alleging manufacturing defects in the goods purchased by him, it is necessary for him to corroborate his case with material evidence in the form of an expert opinion. In this case the respondent had failed to discharge the onus of proving his case and the District Forum had reached to a baseless conclusion that the mobile phone purchased by him was suffering from inherent manufacturing defects. A broken screen cannot be considered as a manufacturing defect by any stretch or imagination. The appellants further argued that the warranty terms and conditions pertaining to the mobile phone would show that physical damage of the phone has been specifically kept outside the purview of the warranty. Hence the appellant prayed for setting aside the impugned order. In the appeal, the appellants have not mentioned any reason for their non-appearance before the District Forum. But for the interests of justice it is necessary to give opportunity to the appellants/opposite parties to contest the case on merits. For that purpose the Order passed by the District Forum is to be set aside and the matter is to be remanded for fresh disposal.

4. However, remission of the case after setting aside the order of the District Forum can be ordered only on terms, directing the appellants to compensate the injury likely to be caused by the delay in culmination of the proceedings to the complainant/respondent. Appellants have to pay Rs. 7,000/- as costs to the respondent/complainant as a condition precedent for setting aside the order and remission of the case.

5. Complainant/respondent is permitted to get release of the amount of Rs. 7,000/- ordered as costs from the amount deposited by the appellants at the time of institution of the appeal before this Commission, on proper application. Refund the balance amount to the appellants, on proper application.

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r /> In the result, the appeal is allowed. The order passed by the district forum is set aside and the matter is remanded for fresh disposal, after giving opportunity to the appellant to file version and to adduce evidence, if any. The district forum shall dispose of the complaint as early as possible. Send back the records to the District Forum, forthwith.
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