Haryana

Gurgaon

CC/319/2014

Kamlesh Saini - Complainant(s)

Versus

1. Simmtronics Semiconductors Ltd - Opp.Party(s)

16 Feb 2015

ORDER

 

DISTRICT   CONSUMER   DISPUTES   REDRESSAL FORUM, GURGAON-122001.

                                                                                                                                    Consumer Complaint No.319 of 2014                                                                                                                                                  Date of Institution: 28.08.2014                                                                                                                                                                  Date of Decision: 16.02.2015

Kamlesh Saini w/o Sh.K.K.Saini, R/o 3/1, New C.R.P.F. Group Housing Society, Plot No.-6, Sector-9, Gurgaon.

                                                                                        ……Complainant.

 

                                                Versus

 

1. Simmtronics Semiconductors Ltd, C-41, Okhla Industrial Area, Phase-I, New Delhi through its Manager.

 

2. Modi Infosol Pvt. Ltd, 103, Skipper Corner 88, Nehru Place, New Delhi through its Manager.

 

3. M/s Arcadia, Shop No.2, Plot No.1, Parsvnath Plot No.739/1, M.G.Road, Sector 14, Gurgaon.

 

                                                                                       ….Opposite parties.

                                               

Complaint under Sections 12 & 14 of Consumer Protection Act,1986                                                                  

 

BEFORE:     SH.RAGHVINDER SINGH BAHMANI, PRESIDENT.

                     SMT JYOTI SIWACH, MEMBER.

 

Present:        Sh.V.K.Bhardwaj, Adv for the complainant.

                    OP-1 to OP-3 exparte

 

ORDER       R.S.BAHMANI, PRESIDENT.    

 

              The complainant alleged that she has purchased X-Pad Multitouch Tabtop with Android manufactured by OP-1 from OP-2 vide Retail Invoice No. MODIRIONLINE 13-1413994 Dated 18.09.2013 for a sum of Rs.4,999/- (C-1). However, the said Tabtop purchased by the complainant was found defective. Consequently, she contacted OP-2 who advised her to contact OP-3 the Service Centre. Accordingly, she visited OP-3 and requested them to remove the fault in the instrument or to replace the same. They took the instrument with them vide Job Sheet No.8017000142 dated 18.03.2014 with expected date of return as 21.03.2014 (C-2) but the OP-3 failed to return the same after repair/replacement though an assurance was given to her that instrument has been sent to OP-1 for its replacement. Thereafter she has sent a registered Letter dated 19.05.2014 to the OPs requesting them to repair/replace the defective Tabtop but of no use (C-3). She again sent Letter dated 11.07.2014 to the OPs but of no use (C-4). Thus, the OPs are deficient in providing services to the complainant as they failed to repair/replace the instrument in question which was within Warranty. Thus, she is entitled to replacement of the Tabtop in question. She also claimed Rs.55,000/- as compensation  or any other relief deem fit by this Forum. The complaint  is supported with the an affidavit and the documents referred above.  The complainant has also produced online Warranty Policy for the product of one year (C-5).

2                 Notice of the complaint was given to the OPs.OP-1 and 2 were failed to appear before this Forum despite service and thus, were proceeded exparte on 16.12.2014 whereas OP-3 also failed to appear before this Forum and thus, was proceeded exparte on 10.11.2014.

3                 We have heard the complainant and appraised the material on record carefully. Keeping in view the facts and circumstances discussed above  and after perusing the documents placed on record we are of the considered opinion that the complainant has purchased X-Pad Multitouch Tabtop with Android from OP-2 vide Retail Invoice No. MODIRIONLINE 13-1413994 Dated 18.09.2013 for a sum of Rs.4,999/- (C-1). The complainant has alleged that however said Tabtop was fond defective  and thus, she contacted OP-2 who advised her to contact OP-3. Consequently, she visited OP-3 and deposited the same with OP-3 vide Job Sheet No.8017000142 dated 18.03.2014 with expected date of return as 21.03.2014 (C-2) but the OP-3 failed to return the same after repair/replacement on the expected date of delivery despite her several requests. Consequently, she sent registered Letters dated 19.05.2014 and  11.07.2014 (C-3 & C-4) but of no use. The above said evidence produced by the complainant goes unrebutted as they failed to rebut the claim of the complainant. Thus, the OPs are deficient in providing services to the complainant.

4                 Consequently, she is entitled to replacement of the Tabtop or refund of its price Rs.4,999/-from the OPs. She is also entitled to compensation of Rs.3,000/- for causing harassment and mental agony. She is also entitled to litigation expenses of Rs.2,000/-.

Compliance be made within 30 days.

Copy of this order be sent to the parties free of costs.

 

Pronounced in open court.                           

Dated: 16.02.2015.

                                                                                                  President,

                                                                             District Consumer Disputes

                                                                                                                                                                     Redressal Forum, Gurgaon

                 (Jyoti Siwach)

                       Member