Haryana

Yamunanagar

CC/346/2014

Harish Kumar S/o Ganga Ram - Complainant(s)

Versus

Bhalla Communication - Opp.Party(s)

Rohit Saini

29 Oct 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR

 

                                                                                             Complaint No. 346 of 2014.

                                                                                             Date of institution: 20.8.2014.

                                                                                             Date of decision: 29.10.2015.

Harish Kumar age about 28 years son of Sh. Ganga Ram r/o Village Darajpur, Tehsil Jagadhri, District Yamuna Nagar. 

 

                                                                                                           …Complainant.

                                    Versus

 

1. Bhalla Communication 1^st Floor, Opp. Bank of Baroda, Fountain Chowk, Yamuna Nagar 135001 through its Prop./Partner.
2. Nokia Service Centre, Near Sant Pura Gurudwara, Yamuna Nagar, District Yamuna Nagar through its Partner/Prop./Manager. 
3. Nokia India Head Office 1^st and 2^nd floor Tower-A SP Info City, Industrial Plot No.243, Udyog Vihar, PHS-1, Gurgaon 122016 through its Managing Director/ Manager.   

                                                                                                                                                                                                                                       …opposite parties.

 

Before:             SH. ASHOK KUMAR GARG…………….. PRESIDENT.

                        SH. S.C.SHARMA………………………….MEMBER.

 

Present:  Sh. Rohit Saini, Advocate, counsel for complainant.  

                OPs already ex-parte.           

             

ORDER

 

1.                     Complainant Sh. Harish Kumar has filed the present complaint under section 12 of the Consumer Protection Act. 1986, praying therein that the respondents (hereinafter referred as OPs) be directed to replace the defective mobile phone with new one and further to pay compensation of Rs. 20,000/- on account of mental agony, physical harassment alongwith Rs. 5000/- as litigation expenses.   

2.                     Brief facts of the complaint, as alleged by the complainant, are that the complainant purchased one Mobile Phone Nokia 225 bearing IMEI No. 354267069585245 having duel SIM facility for an amount of Rs. 3150/- vide bill No. 7893 dated 1.8.2014 from OP No.1 and OP No.2 is authorized service centre of Nokia Mobile Company and OP No.3 is manufacturer of Mobile in question. It was very shocking and appalling for the complainant when he operate the aforesaid mobile phone because the duel SIM facility of the aforesaid mobile phone was not working as one slot of SIM of the aforesaid mobile phone was not working. On this complainant approached to OP No.1 and told him about the above defect but the OP No.1 advised him to contact OP No.2 but the OP No.2 did not entertain the complainant and told to the complainant that OP No.1 is responsible for this. The complainant requested so many times to the OPs No.1 & 2 that if the defect of the aforesaid mobile phone cannot be removed then replace it with new one but OP No.1 flatly refused. Hence this complaint.

3.                     Upon notice, OP No.1 failed to appear despite service through registered post, so, he was proceeded ex-parte vide order dated 7.4.2015. OPs No.2 & 3 were also summoned through registered post but they failed to appear despite service hence, they were proceeded ex-parte vide order dated 12.12.2014.  

4.                     As the complainant failed to lead any evidence, hence his evidence was closed by court order on 20.10.2015. However, at the time of filing of complaint, complainant filed his affidavit and documents such as Photo copy of Invoice dated 1.8.2014 of mobile in question issued by Bhalla Communications Annexure C-1 and Photo copy of Ration Card Annexure C-2  with the complaint in support of his complaint.

5.                     We have heard the learned counsel for the complainant and have gone through the pleadings as well as documents placed on file very carefully and minutely.

6.                     It is not disputed that the complainant has purchased a mobile Phone Nokia 225 bearing IMEI No. 354267069585245 having duel SIM facility for an amount of Rs. 3150/- vide bill No. 7893 dated 1.8.2014 from OP No.1 manufactured by OP No.3. The only plea of the complainant is that he purchased duel SIM mobile set from OP No.1 but one slot for SIM of the mobile set was not working and for this he approached to OP No.1 who asked him to visit the service centre i.e. OP No.2 of OP No.3 but OP No.2 also did not entertain the complaint of complainant. To prove this version, the complainant has filed his affidavit which is unrebutted. As the one slot of the mobile in question was not working so it is clear that mobile in question was having manufacturing defect. Further the present complaint has been filed only after a gap of 19 days from the date of purchase. Even the OPs not bothered to contest the present complaint and remained ex-parte. Hence, we have no option except to believe the version of complainant which is duly supported by affidavit. Hence, the complainant is entitled for relief.

7.                     Resultantly, we partly allow the complaint of complainant and direct the OPs to put the mobile set in working order and further the OPs are also directed to pay Rs. 500/- as compensation for mental agony, harassment as well as litigation expenses. Order be complied within 30 days after preparation of copy of this order failing which complainant shall be entitled to initiate action as per law. Copies of this order be sent to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance. 

Announced in open court.29.10.2015.

           

                                                                                    (ASHOK KUMAR GARG )

                                                                                    PRESIDENT,

                                                                                     

 

                                                                                    (S.C.SHARMA )

                                                                                     MEMBER.