Haryana

Kurukshetra

45/2018

Nidhi - Complainant(s)

Versus

Bala Ji Comm - Opp.Party(s)

Assem jain

11 Dec 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KURUKSHETRA.

                                                     Complaint Case No.45 of 2018.

                                                     Date of institution: 27.02.2018.

                                                     Date of decision:11.12.2018.

Nidhi W/o Manish Kumar S/o Madan Lal, R/o Chakarwati Mohalla, Distt. Kurukshetra.

                                                                        …Complainant.

                        Versus

1. Balaji Communication, Opp. Geeta School, Railway Road, Kurukshetra, through its Manager.
2. Bansal Communication, Samsung Mobile Centre, near Geeta Dwar, Pipli Chowk, Kurukshetra, through its Manager.
3. 20^th to 24^th floor, Two Horizon Centre, Golf Course Road, Sector-43, DLF PH-V, Gurugram Haryana, 122202. Contact No.+91-124-4881234 through its Manager. 

….Respondents.

Before:      Smt. Neelam Kashyap, President.

                Ms. Neelam, Member.

                Sh. Sunil Mohan Trikha, Member.

       

Present:     Sh. Aseem Jain, Advocate, for the complainant.   

                Sh. Shekhar Kapoor, Advocate for the OP No.3.

                Ops No.1 & 2 already exparte.

               

ORDER

                This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Nidhi against Balaji Communication and others, the opposite parties.

2.            Brief facts of the present complaint are that the complainant purchased a mobile set make Samsung J7 Pro J730 bearing IMEI No.358674085174134 from the Op no.1 for a sum of Rs.20,900/- vide invoice No.S-1327 dt. 09.10.2017.  It is alleged that just after a week of its purchase, the said mobile set became defective with the problems such as it became slow and repeatedly hanged and after hanging, the mobile set was automatically shut down with some noise/sound and due to this, the saved data was deleted.  It is further alleged that the complainant approached the Op No.1 regarding the defective mobile set and the Op No.1 updated the software of the mobile set and returned to the complainant.  It is further alleged that after one week of updating the mobile set, the said mobile set stopped working.  The complainant deposited the mobile set with the service-centre of Ops on 15.12.2017 but the defects were not removed from the mobile set by the Ops.  The complainant approached the Ops several times for replacement of said defective mobile set but the Ops did not listen the genuine request of complainant.  So, it is a clear cut case of deficiency in service on the part of Ops and prayed for acceptance of complaint with the direction to Ops to refund the cost of mobile set i.e. Rs.20,900/- or replace the defective mobile set with the new one and further to pay Rs.50,000/- as compensation for harassment and mental agony as-well-as Rs.5500/- as litigation charges.   

3.            Upon notice, the OP No.3 appeared before this Forum, whereas Ops No.1 & 2 did not appear and opted to proceed against exparte vide order dt. 13.04.2018.  Op No.3 contested the complaint by filing reply raising preliminary objections with regard to locus-standi; maintainability; cause of action; that the complainant alleges manufacturing defect in the product but the complainant has miserably failed to prove the alleged manufacturing/technical fault; that the complainant approached the service-centre of company on 15.12.2017 and reported handset dead problem in his unit.  The engineer of company checked the unit and found that the PBA of unit was damaged due to liquid logging i.e. contact with any type of liquid.  The engineer told the complainant that the repair of the unit shall be on chargeable basis and an estimate of repair was provided to the complainant but the complainant refused to pay charges of repair and became adamant and started demanding free of cost repair/replacement for her unit and took the unit without repair and also refused to sign the job-sheet; that there is no deficiency in service on the part of Ops.  On merits, the objections raised in the preliminary objections are reiterated and so, prayed for dismissal of complaint.

4.             Learned counsel for the complainant tendered into evidence affidavit, Ex.CW1/A and documents Ex.C1 to Ex.C9 and thereafter, closed the evidence on behalf of complainant.

5.           On the other hand, learned counsel for the Op No.3 tendered into evidence affidavit, Ex.RW1/A and documents Ex.R1 to Ex.R6 and thereafter, closed the evidence on behalf of Op No.3.

6.             We have heard the learned Counsel for both the parties and perused the record carefully.

7.             From the pleadings, evidence of the case and on appraisal of submissions of both the parties, it is clear that the complainant purchased the mobile set in question from the Op No.1.  The grievance of the complainant is that during the warranty period, the said mobile set became defective and despite repair of said mobile set, the defects were not removed from the said mobile set.  On the other hand, the contention of Op No.3 is that the said mobile set got damaged due to liquid logging and an estimate of repair was given to the complainant but the complainant refused to pay the same.

8.             Thus, as a sequel of above discussion and in the interest of justice, we allow the complaint partly and direct the Ops to repair the mobile set in question free of cost with three months extended warranty of the mobile set.  No order as to costs.  All the Ops are jointly and severally liable.  A copy of said order be supplied to the parties free of cost.  File be consigned to record-room after due compliance.     

Announced in open court:

Dt.: 11.12.2018.    

                                                                        (Neelam Kashyap)

                                                                        President.

 

 

(Sunil Mohan Trikha),           (Neelam)       

Member                             Member.