Jharkhand

Bokaro

CC/16/46

Sudhir Kumar - Complainant(s)

Versus

Autharised Service Centre of Sec Micromax - Opp.Party(s)

08 Mar 2018

ORDER

District Consumer Forum, Bokaro
Bokaro
 
Complaint Case No. CC/16/46
( Date of Filing : 10 May 2016 )
 
1. Sudhir Kumar
Sec-3rd/E, Qr.No.-371 Bokaro Steel City
Bokaro
Jharkhand
...........Complainant(s)
Versus
1. Autharised Service Centre of Sec Micromax
Sec-4, C1/22, near Bihar State Co.Ope.Bank Bokaro Steel City
Bokaro
Jharkhand
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. PRABHAT KUMAR UPADHYAY PRESIDENT
 HON'BLE MR. PREM CHAND AGERWAL MEMBER
 HON'BLE MRS. KUNJALA NARAYAN MEMBER
 
For the Complainant:
Complainant is present
 
For the Opp. Party:
O.P. is absent.
 
Dated : 08 Mar 2018
Final Order / Judgement

Complainant Sudhir kumar filed this complaint for change of mobile or return of money Rs.8000/- with interest and litigation cost of Rs.2000/-

2        The case of the complainant is that complainant purchased Micromax mobile having model no. Micromax A-190 Black Color for Rs. 11,700/- on 14/09/2014.

During warranty period he went to the service centre for updating the software since there was hanging problem but the service centre return the mobile in dead condition after few days and the complainant denied to take back the dead mobile. There after the service centre send the mobile to Kolkata as they told him. After one and half month the service centre returned the mobile in on condition but the phone was totally changed, back cover was changed and sim slot was not working. Complainant again complained but after one month they returned the mobile but motherboard was also changed. The complainant denied to receive the mobile and told to change the set or return the money but they denied.

3          The Complainant filed the following document in support

            AnX-1 Letter dated 06/02/2016

            Anx-2 Original Courier receipt

            Anx-3 Copy of Job receipt in service centre dated 14/09/2015

            Anx-4 Copy of the purchase receipt/Retail Invoice.

            Anx-5 Copy of the email dated 12/12/2015

4          Opposite party authorized service centre of Micromax at Bokaro did not appear inspite of notice served. And therefore Ex-Parte proceeding was initiated.

F I N D I N G S

5          Perused the record and we hold that complainant is a consumer and dispute is a consumer dispute.

6          The dispute is that the authorized service center of Micromax of Bokaro did not provide proper service under the warranty period and the mobile purchased by the complainant was fully damaged. Therefore the O.P. is liable for deficiency in service. It is apparent on the face of the record on perusal of Anx-1 Anx-3 and Anx-5 that the O.P. has not provided the proper service to the complainant. Therefore the O.P. the authorized Micromax Service centre at Bokaro is liable for deficiency in service.

7          Accordingly we allow the claim of the complainant and the O.P. the authorized Micormax service centre is here by directed to return the mobile of the complainant in proper condition or in case the mobile cannot be returned, directed to pay Rs. 8,000/- (Rs. Eight thousand) only with interest of 6% (per cent) per annum till realization.

            The O.P. is further directed to pay compensation of Rs. 1000/- (Rs. One thousand) only for mental harassment and litigation coast of Rs. 500/- (Rs. Five thousand) only to the complainant.

            All the payment must be paid within 60 (Sixty) days of this order.

 
 
[HON'BLE MR. PRABHAT KUMAR UPADHYAY]
PRESIDENT
 
[HON'BLE MR. PREM CHAND AGERWAL]
MEMBER
 
[HON'BLE MRS. KUNJALA NARAYAN]
MEMBER

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