DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

          Complaint Case No.: 1467 of 2009

 Date of Inst: 30.11.2009

                Date of Decision:08.03.2010

Vikram Kumar son of Sh.Moti Lal r/o DAV College Road, Malout.

                                  ---Complainant

V E R S U S

1.   A.M.Services, Authorized Service Centre, Samsung India Electronic Pvt. Ltd., Cabin No.2, First Floor, SCO No.1034/35, Sector 22-B, Chandigarh.

2.   The Mobile Store, Essar Telecom Retail Ltd., Booth No.5, Sector 15-C, Chandigarh.

---Opposite Parties

QUORUM       

              SHRI LAKSHMAN SHARMA         PRESIDENT

              SHRI ASHOK RAJ BHANDARI      MEMBER

PRESENT:      Sh.Bhupinder Bagga, Adv. for complainant

OPs No.1 and 2 exparte.

                            ---

PER LAKSHMAN SHARMA, PRESIDENT

          Sh.Vikram Kumar has filed this complaint under section 12 of the Consumer Protection Act, 1986 praying therein that OPs be directed to compensate him by awarding Rs.50,000/-  as compensation for harassment and mental agony besides costs of litigation.

2.        In brief, the case of the complainant is that on 28.08.2009 he gave a mobile set make Samsung, Model B-100 bearing IME No.353668027607883 for repair to  OP-1 as the same was covered under guarantee. The mobile set was to be delivered back on 31.08.2009. According to the complainant, OPs failed to return the said mobile set after its repair on one pretext or the other. Thereafter, the complainant served a notice dated 26.09.2009 but to no effect. In these circumstances, the present complaint was filed seeking the reliefs mentioned above.

3.        OP No.1 was duly served but nobody appeared on their behalf either in person or through counsel. Therefore, OP-1 was ordered to be proceeded against exparte vide order dated 11.01.2010. OP-2 refused to accept the notice. As refusal is good service, therefore, the OP-2 was also ordered to be proceeded exparte vide order even date.

4.        We have heard the learned counsel for the complainant and have gone through the entire record including documents, annexures, affidavits etc. 

5.        Annexure C-2  is the copy of the bill whereby the mobile set in question was purchased by the complainant for a sum of 1489/-. Annexure C-1 is the copy of the job card dated 28.08.2009 whereby the complainant handed over the mobile set to OP-1 for effecting the necessary repairs. The complainant in his affidavit deposed that the handset in question has not been returned after its repairs. Thus, OPs have failed to return the handset after its repair to the complainant which amounts deficiency in service.

6.        In view of the above findings, this complaint is allowed with a direction to OPs to give a sum of Rs.1489/- to the complainant being the price of the mobile phone in question. OPs are also directed to pay to the complainant a sum of Rs.1000/- as compensation for mental agony and harassment besides Rs.2500/- as costs of litigation.

7.        This order be complied with by OPs within one month from the date of receipt of its certified copy, failing which OPs shall be liable to pay Rs.2489/- to the complainant along with penal interest @ 18% p.a. from date of filing of the complaint i.e. 30.11.2009 till its realization besides costs of litigation.

8.        Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

08.03.2010

Sd/-

(LAKSHMAN SHARMA)

PRESIDENT

cm

sd/-

(ASHOK RAJ BHANDARI)

MEMBER