DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALWAL
Consumer Complaint No. 137 of 2014
Date of Institution: 26.11.2014
Date of Decision : 23.02.2015
Amit Kumar son of Sh. Leela Ram, aged 22 years Address:- H. No. 14, Parkash Vihar, Bori Wali Gali, Palwal-121102, Mobile No. 9071384191, 09968061758.
.. Complainant
Versus
1. Manager, Karbonn Mobile, D-170 Okhla Industrial Area Ph-1, Near DD Motors, New Delhi-110020.
2. Karbonn Mobiles, 39/13, Off 7th Main, HAL, 2nd stage Appareddy Palya, Indiranager, Bangalore-560038.
3. Proprietor Of Sumit Mobile Solution Shop No.-4 Agra Chowk New Colony Road, Near Anupam Jeweller Gali No. 3, Palwal.
4. Mr. Mohan, Proprietor of HHH Mobile World, Sale Service Repair Accessories, Jawar Nagar, Camp Market, Palwal-121102.
..Respondents
COMPLAINT UNDER SECTION 12 OF CONSUMER PROTECTION ACT
BEFORE: JAGBIR SINGH: PRESIDENT
KHUSHWINDER KAUR: MEMBER
R. S. DHARIWAL: MEMBER
PRESENT: Sh. A.K.Atri, Adv. for complainant.
Sh.Virender Singh on behalf of opposite parties no. 1 & 3.
Opposite party no. 2 exparte.
Sh. Mohan Singh on behalf of opposite party no.4.
ORDER:
In brief the facts agitated in the complaint are as
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under:-
The complainant purchased a mobile set Model No. A-26, Double IMEI No. 911322100345830, 2nd IMEI No. 911322100547088, Make Karbonn white colour on 9.10.2013 by paying a cost of Rs.7,000/- from opposite party no.4.
That after sometime the problem of hangingover/pausing started and the complainant approached to opposite party no.3 for removing the defect, which was returned to the complainant after removing the defect by opposite party no. 3 within 7 to 10 days from receiving date. After this removal of defect the problem started again and continued and according to the complainant opposite parties no. 3 and 4 could not rectify the problem and provide him the permanent solution/sufficient services.
Then on 18.8.2014 (after purchase of about 10 months), mobile set again developed the same problem of hanging over which was again taken by the complainant to the service centre of opposite party no. 3 and opposite party no. 3 asked to leave the mobile set and he will return it after removing the defect within 10 to 15 days. On his assurance the mobile set was left with opposite party no.3 but when the complainant returned to get back his mobile set after 15 days the opposite party no. 3 did not fulfill his promise of returning and removing the defect.
Then again after sometime the complainant visited of opposite party no. 3 and opposite party no. 3 told him that his set have been sent to the opposite party no. 1 and to this effect he also handed over a copy of receipt pertaining to sending of mobile to the company
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i.e. opposite party no.1 and further the opposite party no. 3 told that mobile set could not set in order and now a new mobile will be provided to you.
That even after waiting for 3 months the mobile in question was not provided to the complainant neither the defect in question was rectified by opposite party no. 3 who had assured him to do so and told him that company have not sent the mobile set in question to him and he can collect as soon as the opposite party no.3 will receive the mobile set as replacement of the defective mobile set.
Aggrieved by all this the complainant filed the present complaint in hand. In this complaint he has prayed to this Forum for providing him the new mobile set with guarantee/warranty. According to the complainant there is a deficiency in service of opposite parties which have caused him harassment mentally, physically as well as financially and accordingly he has asked this Forum for compensation to the tune of Rs.50,000/- and further Rs.11000/- as litigation charges.
On registration of the complaint notices were issued to the opposite parties. Opposite parties no. 1,3 and 4 appeared and opposite party no. 2 was proceeded as exparte on 14.1.2015. Opposite parties no. 1 and 3 appeared through their representative namely Sh. Virender Singh and opposite party no. 4 appeared in person and case was fixed for filing reply for 4.2.2015. On 4.2.2015 Quorum was not complete and case was adjourned to 18.2.2015 and on 18.2.2015 the opposite parties no. 1, 3 and 4 was to file the reply of the complaint.
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Opposite parties no. 1 and 3 who was being represented by Sh. Virender Singh, Sh.Virender Singh appeared in person on 18.2.2015 and instead of filing the reply of the complaint and entering into unnecessary litigation, he got recorded his statement on behalf of opposite parties no. 1 and 3 and on that day he also brought a similar mobile set before this Forum to hand over the same to the complainant. The mobile set was of the same make, same cost and was of the same company and he wanted to physically handed over it to the complainant after getting it examined and showing it to the complainant in the Forum office itself which was examined by complainant but he refused to receive it. The statement of Sh. Virender Singh was also recorded on behalf of opposite parties no. 1 and 3 that he is ready handing over the new mobile after a gap of 3 months because the company has provided him this set now and the spare part to replace the defective part in the earlier mobile in question was not available with the company. Sh.Virender Singh further got recorded the statement that he is also ready to handover in a packed condition, a new mobile set of the same make of , of same company and of the same cost regarding which the case is pending within 15 days from today i.e. 18.2.2015 as per policy of the company (i.e opposite party no.1) if the complainant is not ready to take the mobile set which he has brought today and which have been shown to the complainant and which is perfect order. After recording the statement and admitting the pleas of the complainant the complainant also given a chance to represent him and the complainant also got recorded his statement separately to this effect and in his statement he has clearly stated that he does not want to have this mobile set or the new mobile set which the opposite parties no. 1 and 3 is ready to give him within 15 days with warranty and guarantee period in packed
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condition as per policy of the company.
From the forgoing circumstances it is apparently clear that opposite parties have provided the sufficient and needy services to the complainant as and when required by the complainant. The opposite parties no. 1 and 3 also sent the mobile set to opposite party no. 1 for getting the defect rectified but as the company informed to opposite parties no. 1 and 3 that spare part of the defective part of mobile is not available, the opposite party no. 3 represented by Sh. Virender singh was also ready and willing to deliver another mobile set to the complainant of the same cost, make and colour but the complainant did not honour the mobile set neither the complainant was ready to take the new mobile set of similar and same nature as that regarding which there was a dispute.
That this Forum finds it hard to reach to the conclusion that while the complainant is now not adhering to para no. 9 of his complaint in which he has prayed for the new mobile set with warranty and guarantee period. From the forgoing facts as per the statement of the complainant he is not interested in the mobile set in question and the complainant has failed to prove that opposite parties have not provided him the needy and sufficient services as and when required regarding the mobile in question because opposite parties have even get repaired his mobile set, mobile in question was also sent to the company to rectify the defective part and when the defective spare part was not available the company was ready and willing to provide him the new mobile set of equivalent status regarding which the complaint is pending before this Hon’ble Forum.
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Resultantly, this Forum is of the view that complainant have failed to prove his case in toto and his complaint is dismissed and this Forum does not held the opposite parties liable for insufficient services as claimed by the complainant. Copy of this order be given to the parties free of costs and file be consigned to the record room. This order of the Forum is running into 6 pages and each page of this order has been signed by this Forum.
Announced on:23.02.2015 (JAGBIR SINGH)
President
District Consumer Disputes Redressal Forum, Palwal.
(KHUSHWINDER KAUR)
Member
District Consumer Disputes Redressal Forum, Palwal.
(R. S. DHARIWAL)
Member
District Consumer Disputes Redressal Forum, Palwal.
