The mobile phone manufacturer, its dealer and service centre were held jointly and severally liable to carry out the directions of the South-II District Consumer Disputes Redressal Forum due to their failure in repairing the mobile bought by Delhi resident Man Mohan Singh.
The forum presided by M C Mehra passed the order relying on the retail invoice and receipt issued by the service centre, submitted by Singh and on his unchallenged affidavit and complaint.
"Version of complainant (Singh) finds corroboration from on-oath evidence furnished by him. As same goes unrebutted and unchallenged, hence there is no reason to disbelieve the same.
It is proved that opposite parties (Sony Ericsson, its dealer and service centre) have failed to remove the defect in the phone as pointed out by complainant.
"Hence, we find opposite parties jointly and severally liable for the deficiency of service on their part and direct them to replace the defective mobile phones of complainant or to pay its price," said the bench also comprising of members S R Agrawal and Urmila Gupta.
It also also directed them to pay Rs. 10,000 as compensation for harassment caused to Singh and Rs. 5,000 as litigation cost.
Singh had alleged in his complaint that the Sony Ericsson C-903 mobile he had bought from its dealer, Star Mobitel here, for Rs. 16,250 on October 25, 2009 started having display-related problems a few months after purchase.
He also alleged that the service centre, New Delhi Techno Care here, not only failed to rectify the defect but it did not return the phone either.
The forum passed the order ex-parte as no one appeared on behalf of the opposite parties despite notice.