BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KAITHAL.
Complaint no.57/16.
Date of instt.: 17.2.2016.
Date of Decision: 15.06.2016.
Rakesh Kumar resident of H.No.1200, Sector-19-II, HUDA, Kaithal Tehsil & Distt. Kaithal.
……….Complainant.
Versus
- Amazon company 21st Century, J-4, Block B-1, Mohan Co-operative Industrial Estate, Mathura Road, New Delhi-110044.
- Micromax Care, M/s. Parth Agency c/o City Centra, 1st Floor, inside Railway Gate, Kaithal.
- Micromax Informatics Limited, Plot No.90-B, Sector-18, Gurgaon-122015.
..……..Opposite Parties.
COMPLAINT UNDER SEC. 12 OF CONSUMER PROTECTION ACT, 1986.
Before: Sh. Jagmal Singh, President.
Sh. Rajbir Singh, Member.
Smt. Harisha Mehta, Member.
Present : Sh. Gaurav Jain, Advocate for complainant.
Sh.Vinod Bura, Advocate for the opposite Party No.2.
Sh. Sunil Dhull, Adv. for Op No.3.
Op No.1 already ex-parte.
ORDER
(RAJBIR SINGH, MEMBER).
The complainant has filed the present complaint under Section 12 of Consumer Protection Act, 1986, with the averments that he purchased a mobile set of Micromax Canvas Juice 2 AQ5001 Model No.SERMOBO655, IMEI No.911417757042480/911417757345487 of silver colour from OP No.1 for a sum of Rs.6,293/- vide bill D9B9XQddN dated 10.11.2015. It is alleged that after one month the battery of the said mobile was defective and the same was changed with new one and hanging problem was also removed by the Ops. It is further alleged that the said mobile developed some problem i.e. audio no incoming audio reported by the MicroMax care. It is further alleged that he deposited the said mobile to OP No.2 on 3.2.2016 and since then the said mobile is in possession of respondent No.2 and they asked that the said mobile will have to send to the company as there is some manufacturing defect, which is not possible to remove and would be returned to him after 45 days. This way, the Ops are deficient in service. Hence, this complaint is filed.
2. Upon notice, the opposite parties No.2 and 3 appeared before this forum, whereas Op No.1 did not appear and was proceeded against ex-parte on dated 28.3.2016. Ops No.2 and 3 filed reply raising preliminary objections; that the complainant has no cause of action; that the complainant has no locus standi to file the present complaint; that this Forum has no jurisdiction to try and entertain the present complaint. On merits, the contents of complaint are denied and so, prayed for dismissal of complaint.
4. In support of his case, the complainant tendered in evidence affidavit Ex.CW1/A and documents Mark C-1 and Mark C-2 and closed evidence on 17.5.2016. On the other hand, the Ops No.2 and 3 did not tender any evidence despite availing several opportunities, so, the evidence of Ops No.1 and 2 was closed vide court order dated 24.5.2016.
5. We have heard ld. counsel for both the parties and perused the case file carefully and minutely and have also gone through the evidence led by the parties.
6. From the pleadings and evidence of the parties, it is not disputed that the complainant purchased a mobile phone of Micromax Canvas Juice 2 AQ5001 Model No.SERMOBO655 for sum of Rs.6293/- from Op No.1 vide bill/invoice No.D9B9XQddN dated 10.11.2015. Ld. Counsel for the complainant argued that after one month the battery of the mobile was defective and the same was changed with new one and also removed hanging problems. He further argued that the complainant approached the Op No.2 on 3.2.2016, who kept the said mobile set with him and since then the said mobile is in the possession of Op No.2.
7. From the facts and circumstances of the case, it is admitted fact of the parties that the mobile purchased by the complainant on 10.11.2015 became defective during the warranty period. The complainant again approached the Op No.2 on 3.2.2016 and told him that the said mobile will have to send to the company as there is some manufacturing defect which is not possible to remove and would be returned to the complainant after 45 days. Mobile phone is not returned till today. To prove his case, the complainant has corroborated his version by way of filing affidavit, Ex.CW1/A, bill Mark-C-1 and copy of job-sheet dated 3.2.2016, Mark-C-2. In the job-sheet dated 3.2.2016, Mark C-2, in the column of problem reported, the defect in the mobile set is mentioned as audio no incoming audio. Whereas, on the other hand, the Ops No.1 & 2 did not tender any evidence despite availing several opportunities, so, the evidence of Ops No.2 and 3 was closed vide court order dated 24.5.2016 and Op No.1 did not appear and was proceeded against ex-parte. So, the evidence adduced by the complainant goes un-rebutted and unchallenged. So, we are of the considered view that the Ops No.2 & 3 are deficient while rendering services to the complainant.
7. Thus, in view of above discussion, we allow the complaint and direct the Ops No.2 & 3 to replace the defective mobile set of the complainant with new one of the same model, as purchased by the complainant vide bill/invoice D9B9XQddN dated 10.11.2015. However, it is made clear that if the said mobile as purchased by the complainant, is not available with the Ops, then the Ops shall refund Rs.6293/- as the cost of mobile phone to the complainant. The Ops No.2 & 3 are also burdened with cost of Rs.1,100/- (Rs.Eleven hundred only) as lump sum compensation for harassment, mental agony and cost of litigation charges to the complainant. The Ops No.2 & 3 are jointly and severally liable. Let the order be complied with within 30 days from the date of communication of order. A copy of this order be sent to both the parties free of costs. File be consigned to the record room after due compliance.
Announced.
Dt.15.06.2016.
(Jagmal Singh),
President.
(Harisha Mehta), (Rajbir Singh),
Member Member
Rakesh versus Amazon etc.
Present : Sh. Gaurav Jain, Advocate for complainant.
Sh.Vinod Bura, Advocate for the opposite Party No.2.
Sh. Sunil Dhull, Adv. for Op No.3.
Op No.1 already ex-parte.
Arguments heard. Order announced. Vide our separate detailed order, the complainant is hereby allowed. File be consigned to record room after due compliance.
President
15.6.2016
Member Member
