Haryana

Ambala

CC/404/2016

Harnek Singh - Complainant(s)

Versus

Base 39 - Opp.Party(s)

Rajbir Singh

16 Aug 2017

ORDER

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                          Complaint case no.        : 404 of 2016

                                                          Date of Institution         : 02.11.2016

                                                          Date of decision   : 16.08.2017

 

          Harnek Singh S/o Ram Singh resident of village Korwa, Tehsil Naraingarh        Distt. Ambala  

……. Complainant.

1. Base 39, Mobile Communication Nicholson Raod, Sadar Bazar, Ambala Cantt. Haryana 133005.
2. General Manager, Gionee India Headquarter, E-9, Block No.B-1, Ground floor, Mahan Cooperative Industrial Estate Mathura Road New Delhi-110044.
3. Dev Raj Electronics (Customer Care) Shop No.119, Gandhi Market, Ambala Cantt, Haryana.  

                                                               ….…. Respondents.

BEFORE:   SH. D.N. ARORA, PRESIDENT

                   SH. PUSHPENDER KUMAR, MEMBER

                   MS. ANAMIKA GUPTA, MEMBER                          

Present:       Sh. Rajbir Singh, counsel for complainant.

                   OPs already exparte 19.12.2016.

ORDER:

                   In nutshell, brief facts of the present complaint is that the complainant had purchased a brand new Gionee Eliff E7 Mini Black mobile set from OP No.1 on 31.10.2015 for sum of Rs.15000/- vide bill No.29272. Further submitted that in the month of September, the mobile set purchased by complainant was not working properly as such complainant reported the complaint to the OP No.1 and same was sent to the customer care i.e. OP No.3. After checking the mobile set and reported that the mobile in question has already been activated on 21.12.2014 and now it is out of warranty as the warranty period has already been ceased on 20.12.2015. Further submitted that the complainant put a trust upon the make and reputation of the company and purchased the mobile on 31.10.2015 as such the mobile set purchased by the complainant is within warranty period. The facts mentioned above indicate that the OP No.1 has played a fraud with complainant as OP No.1 supplied an used mobile set to complainant and taken the price of new mobile as reported by the customer care centre Ambala Cantt i.e. OP No.3. So, there is clear cut deficiency in service in the part of the OPs. Hence, the present complaint.

2.                Upon notice, OPs did not appeared before the Court and they were proceeded against exparte v.o.d. 19.12.2016.

3                 To prove his version complainant tendered his affidavit as Annexure C-X along with documents as annexure C-1 and C-6 and close his evidence.

4.                We have heard learned counsel for the complainant and carefully gone through the case file.

5.                    The case of the complainant is that the complainant had purchased a new brand Gionee Eliff E7 mini black mobile set from OP No.1 for sum of Rs.15000/- on 31.10.2015 vide bill No.29272 (Annexure C-1) and the mobile phone started giving problems from its very beginning. In support of his contention the complainant has tendered his duly sworn affidavit Annexure C-X and specifically mentioned that he had approached to OP No.3 i.e. customer Care for rectifying the problem of the mobile in question and after checking of mobile in question, OP No.3 clearly stated that the said mobile set has already been activated on 21.12.2014 and now it is out of warranty as the warranty period has already been ceased on 20.12.2015. To prove above said facts, the complainant is produced documents Annexure C-1 (copy of bill of the mobile in question) and Annexure C-2 (the report of OP No.3 i.e. customer care) in which clearly mentioned that the Complainant had purchased the mobile in question on 31.10.2015 whereas the service Centre has reported that the mobile in question is out of warranty on 21.12.2014. Meaning thereby the mobile in question is out of warranty being already activated.

                   In view of above discussion, it is clear that OP No.1 has sold old phone by representing it as new one and also charged the price of new mobile. So, the OP No.1 is found indulged in unfair trade practice. In our view that an old & activated mobile was sought to be sold as a new mobile to the complainant rather the version of the complainant remained unrebutted as the OPs have not pursued the present case and they were proceeded against exparte v.o.d. 19.12.2016. We have no option to believe the version of the complainant as well as documents submitted by the complainant. Hence, the present complaint is hereby allowed with heavy costs and OP No.1 is directed to comply with the following direction within thirty days from receipt of copy of the order:-

(i)      To refund the costs of Mobile i.e. Rs.15000/- (Annexure C-1) subject to depositing of mobile handset alongwith its accessories alongwith interest @ 9% from the date of purchase till its realization.

(ii)     Also to pay a sum of Rs. 5,000/- on account of unfair trade practice by the OP No.1.

(iii)    Also to pay a sum of Rs.2000/- on account of cost of litigation  

                   Copies of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on :16.08.2017                                                Sd/-

                                                                               (D.N. ARORA)

                                                                                       President

 

                 Sd/-

     (PUSHPENDER KUMAR)

                                                                                       Member

                                                                                      

                                                                                      Sd/-

           (ANAMIKA GUPTA)

                                                                                       Member