Haryana

Gurgaon

CC/544/2011

Himanshu Juneja - Complainant(s)

Versus

1. The Electronic Store - Opp.Party(s)

05 Feb 2015

ORDER

 

DISTRICT   CONSUMER   DISPUTES   REDRESSAL FORUM,  GURGAON-122001.

                                                                                                                                  Consumer Complaint No.544 of 2011                                                                                                                                                                 Date of Institution: 07.10.2011                                                                                                                                                              Date of Decision: 05.02.2015

Himanshu Juneja s/o Sh.O.P.Juneja, R/o 701, Tower-16, The Close North, Nirvana Country, Sector-50, Gurgaon-122018.

 

                                                                                       ……Complainant.

 

                                                Versus

 

1. The Electronic Store, M/s Impact Retail Pvt. Ltd, Ground Floor, JMD Regent Arcade, Mall Road, Gurgaon-122001 through its authorized signatory.

 

2. Nokia India Pvt. Ltd having its registered office at SP Infocity, Plot # 243, Udyog Vihar, Phase-I, Dundahera, Gurgaon (Haryana) through its Director/Authorized Signatory Sh. Shivakumar Dega LTH-304-B LABARNUM CONDOMINIUM COMPLEX, Sector 28, Gurgaon-122002.

 

                                                                            ….Opposite parties.

                                               

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

 

BEFORE:     SH.RAGHVINDER SINGH BAHMANI, PRESIDENT.

                     SMT JYOTI SIWACH, MEMBER.

 

Present:        Sh.Dinesh Gupta, Adv for the complainant.

                    OP exparte

 

ORDER       R.S.BAHMANI, PRESIDENT.    

 

            The complainant alleged that he  has purchased Nokia Mobile Phone Model No.5800  with year Warranty from OP-1 the authorized dealer of the manufacturer OP-2 for a sum of Rs.19,490/- vide Bill No.IG10000003178 dated 08.02.2009 (C-1). He also paid Rs.590/- to OP-1 in consultation with OP-2 who has offered him extended one year Warranty (C-1) and thus, the Warranty of his Mobile Phone was for two years i.e. up to 07.02.2011. It is further alleged that in the month of Dec, 2010 the above said  Mobile Phone stopped working. Consequently, on 29.12.2010 he handed over his Mobile Phone to Nokia care Centre year Telephone Exchange, Gurgaon but concerned person after inspection of the Mobile set has intimated him that it is out of Warranty and advised him to visit the outlet of OP-1 for the extended warranty, if any. It is further alleged that on the same day i.e. 29.12.2010 he visited the OP and handed over the Mobile Phone to the staff of the OP who after inspection assured the complainant that his Mobile Phone is in extended warranty and will be repaired by 09.02.2011 without charges. On 06.01.2011 he received a phone call from the OP that his Mobile Phone cannot be repaired under extended Warranty as there is liquid in the Mobile handset. It is further alleged that the above said Mobile handset remained in the custody of the OP during the period 29.12.2010 to 06.01.2011 and if there is any liquid damage that would have been noticed by firstly at Nokia Centre of OP-2 and secondly by the official of OP-1. It is further alleged that on 09.01.2011 OP-1 had finally returned the handset to the complainant without repair under the pretext of liquid. Thus, the OPs are deficient in providing services to the complainant. He prayed that he is entitled to repair of the Mobile set under extended Warranty without any charges and cost and to refund the amount of Rs.19,490/- or to provide new handset of same model. He also sought compensation of Rs.15,000/- for harassment causing mental agony besides Rs.10,000/- as cost of litigation. The complaint is supported with an affidavit and the documents referred above.

2                 Notice of the complaint was given to the OPs. However, OPs failed to turn up despite service and were proceeded exparte on 29.11.2011.

3                 We have heard the complainant and appraised the material on record carefully.  Keeping in view the facts and circumstances discussed above and the document produced on file, it is proved that the complainant has purchased Nokia Mobile Phone Model No.5800  with year Warranty from OP-1 the authorized dealer of the manufacturer OP-2 for a sum of Rs.19,490/- vide Bill No.IG10000003178 dated 08.02.2009 (C-1). He has alleged that he got extended the Warranty for another one year by paying extra Rs.590/- at the time of purchase of the Mobile Phone and thus, his Mobile Phone was within warranty up to 07.02.2011. He has further alleged that his Mobile Phone became defective in the month of Dec, 2010 and on 29.12.2010 he handed over the said Phone to Nokia Care Centre near Telephone Exchange, Gurgaon but on inspection they told him that it is out of Warranty. On the same day he handed over the Mobile Phone to OP but on 06.01.2011 a call was received from OP that his Mobile Phone cannot be repaired under extended Warranty as there is liquid in the mobile handset and finally on 09.01.2011 OP-1 returned the handset to the complainant unrepair under pretext of liquid but the complainant failed to produce even a single Job Card/Job Sheet to prove his contention that he has deposited the handset with the OP and they have returned him unrepaired on the ground of liquid damage. Onus to prove lies heavily on the complainant to prove his case but he failed to discharge it. In absence of any cogent documentary evidence the version of the complainant cannot be believed. Thus, complainant failed to prove his case by leading any cogent documentary evidence to prove his case. Hence, the complaint has no merit, it fails and stands dismissed.  

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

Pronounced in open court.                           

Dated: 05.02.2015.

                                                                                                    President,

                                                                             District Consumer Disputes

                                                                                                                                                                 Redressal Forum, Gurgaon

                 (Jyoti Siwach)

                       Member