Haryana

Bhiwani

CC/61/2020

Rahul Kaushik - Complainant(s)

Versus

Bhole Mobile - Opp.Party(s)

Neearj Saini

22 Dec 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

 Complaint Case No. : 61 of 2020

                                                             Date of Institution    : 26.06.2020

                                                             Date of Decision    :  22.12.2023

 

 

Rahul son of Sh. Jitender Kumar R/o Shanti Nagar, Gali NO.15, Dadri Gate, Bhiwani.

                 …Complainant.

 

  Versus

 

1.       M/s Bhole Enterprises, Hansi Gate, Near K.M. College, Opp. Vishal Megha Mart, Bhiwani through its Proprietor.

 

2.       Caricare Service Center (Bharat Enterprises) Shop No.21, 1^st Floor, Halwasiya Mall, Hansi Gate.

 

                                                                                …Opposite Parties.

   

 

COMPLAINT U/S 12 OF CONSUMER PROECTION ACT, 1986.

 

 

BEFORE:     Mrs. Saroj Bala Bohra, Presiding Member.

Ms. Shashi Kiran Panwar, Member.

 

Present:-      Sh. Naveen Saini, Advocate for complainant.

         Ops exparte.

 

ORDER

 

Saroj Bala  Bohra, Presiding Member.

 

1.                 Brief facts of the present complaint are that complainant purchased an ORAIMO Wireless Earphone (Model OEB-E57D) from OP No.1 on 01.06.2019, having one year warranty.  After sometime, the Bluetooth occurred problems of connectivity, sound etc. Upon which, complainant approached OP No.1 who assured that as and when the said Model is available it will be replaced, however, he extended warranty of the product by issuing a new bill.  Later on, the OP neither repaired nor replaced the product.  So, legal notice dated 01.06.2020 got served upon the OPs but of no avail.  Hence, the present complaint has been preferred by complainant alleging deficiency in service on the part of OP resulting into mental and physical harassment as well as monetary loss.  Thus complainant has prayed for directions to OPs to pay Rs.1800/- alongwith interest, further to pay RS.10,000/- on account of harassment besides Rs.5500/- as litigation expenses.

2.                 OPs did not bother to appear despite issuance of notices. As such, they were proceeded against exparte vide order dated 24.09.2020.

3.                 In exparte evidence of complainant, affidavit Ex.CW1/A alongwith documents Ex. C-1 to Ex. C-5 were tendered and closed the evidence on 24.08.2023.

4.                 We have heard learned counsel for complainant and perused the record minutely.

5.                 Complainant in order to prove purchase of the product has placed on record its bill as Ex. C-1. It reveals that complainant has purchased the product in a sum of Rs.1800/- on 01.06.2019 and it was having warranty for one year. He has also placed on record a document dated 19.07.2019 qua the said bluetooh (Ex. C-2) reportedly issued by OP No.1. Further to strengthen his case complainant has placed on record, his affidavit Ex.CW1/A  and legal  notice Ex.C-3 which corroborates the version of the present complaint.

6.                 In view of the documents referred above as well as the fact that Ops did not defend their case as they remained exparte from the proceedings despite issuance of notices.  In such a situation, we have no option except to believe the version of complainant duly supported by his affidavit. Accordingly, we are of the view that the OPs were negligent, deficient in providing proper services to the complainant as well as has adopted unfair trade practice which dragged the complainant into this unwarranted litigation.  So, complainant must have suffered monetary loss as well as mental and physical harassment.  Accordingly, the complaint is allowed and OPs, jointly and severally, are directed to comply with the following directions within 40 days from the date of passing of this order:-

(i)       To refund Rs.1800/- (Rs. one thousand eight hundred) to the complainant alongwith simple interest @ 9% per annum from the date of filing of this complaint till actual realization subject to deposit of the product by complainant, if any, with OP No.1.

(ii)      To pay a sum of Rs.5000/- (Five thousand) to the complainant as compensation for harassment.

(iii)     Also to pay a sum of Rs.55,00/- (Rs.Five thousand five hundred) as litigation expenses.

                                                           

                    In case of default, the OPs shall liable to pay simple interest @ 12% per annum on all the aforesaid awarded amounts for the period of default. The complaint is allowed accordingly.  Certified copies of this order be sent to parties concerned, free of costs, as per rules. File be consigned to the record room, after due compliance.         

Announced.

Dated: 22.12.2023

 

                              (Shashi Kiran Panwar)              (Saroj Bala Bohra)

                                                   Member                 Presiding Member

District Consumer

Disputes Redressal

Commission,Bhiwani

 

 

Present:-      Sh. Naveen Saini, Advocate for complainant.

         Ops exparte.

 

                    Arguments heard.  Vide our separate detailed order of even date, the present complaint stands allowed.  File be consigned to the record room after due compliance.

Dated: 22.12.2023

 

                              (Shashi Kiran Panwar)              (Saroj Bala Bohra)

                                                   Member                 Presiding Member

District Consumer

Disputes Redressal

Commission,Bhiwani