BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no.151 of 2014
Date of Institution : 12.11.2014
Date of Decision : 3.5.2016.
Neeraj Pahuja s/o Prabhu Dayal Pahuja, aged about 37 years, r/o H.No.581, Khanna Colony Distt. Sirsa.
……Complainant.
Versus.
- M/s Aneja Enterprises, Opp. New LIC Building, Old hospital road, Distt.Sirsa through its proprietor.
- Authorized Service Centre, Karbonn Mobiles, Bishnoi Market, Sirsa through its Manager.
- Karbonn Mobiles, D-170, Okhla Industrial Area, Phase-I, New Delhi-110020 through its Manager.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SHRI S.B.LOHIA …………………PRESIDENT
SH.RAJIV MEHTA ………………MEMBER.
Present: Sh.Sumit Soni , Advocate for the complainant.
Opposite parties no.1&3 already exparte vide order dated 30.12.2014.
Opposite party no.2 already exparte vide order dated 26.2.2015.
ORDER
Complainant, on 30.8.2013, purchased one mobile handset make “Karbon S-2” from opposite party no.1 for Rs.10,200/- vide cash memo no.36514, with warranty of one year. During this period of warranty, the mobile set started arising the problems of “hang” and it used to switch off while operating, battery back up reduced to only 4/5 hours even in the standby condition etc. The complainant approached to Op no.1, who referred him to Op no.2 i.e. Service Centre. The complainant went to Op no.2, who alleged that there was a software problem and device is infected with virus. Op no.2 formatted the entire memory of the device without any intimation/permission of the complainant, due to which the entire contacts/documents etc. were deleted. On 19.8.2014, the said mobile set of complainant got switched off automatically and the complainant approached to Op no.2, who assured that the said mobile set shall be repaired or otherwise replaced within a week. Thereafter, the complainant approached Op no.2 many times but his mobile set was not returned to him repaired or un-repaired ; hence this complaint for a direction to the opposite parties, either for replacement of the mobile set or for return of its price or Rs.10,200/-, with upto date interest, besides damages for his harassment and litigation expenses.
2. Opposite party no.3 is the manufacturing company of the mobile set.
3. Opposite parties no.1 and 3 were duly proceeded against ex-parte vide order dated 30.12.2014, whereas opposite party no.2 was duly proceeded against ex-parte vide order dated 26.2.2015.
4. In ex-parte evidence, the complainant has placed on record Ex.C1-his own supporting affidavit; Ex.C2-copy of purchase bill and Ex.C3-copy of service centre receipt.
5. We have heard learned counsel for the complainant and have gone through the record carefully.
6. There is nothing to dis-believe or to dis-credit aforesaid pleaded case of the complainant, which gets full support and corroboration, not only from his own supporting affidavit Ex.C1 but also from copy of receipt of service centre (Ex.C3). Bare perusal thereof, shows that the mobile set was deposited with the service centre on 20.8.2014, when it was not working. Not returning the mobile set repaired or un-repaired, that too within warranty period is certainly gross deficiency of services on the part of the opposite parties.
7. Resultantly, this complaint is hereby allowed, with a direction to the opposite parties, either to return the mobile set in question to the complainant in properly working condition, within a period of 15 days from the date of receipt of copy of this order, otherwise, to hand him over a new replaced mobile handset of the same make, within next 15 days, otherwise to refund its price of Rs.10200/- to the complainant, with interest @ 10% per annum, from the date of filing of the complaint i.e. 12.11.2014 till payment. Complainant is also hereby allowed compensation of Rs.1000/- for his harassment, mental agony etc. and litigation expenses of Rs.550/- against the opposite parties. All the three opposite parties shall be jointly and severally liable to comply this order. File be consigned to record room after due compliance.
Announced in open Forum. President,
Dated:3.5.2016. District Consumer Disputes
Redressal Forum, Sirsa.
Member.
