BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, JALANDHAR.
Complaint No.469 of 2018
Date of Instt. 13.11.2018
Date of Decision: 13.11.2019
Karan Dev aged 21 years son of Shri Mohan Lal, resident of V.p.o JadlaKoeri Una, Himachal Pradesh.-177208
At present:-H. No.24/280, Link Nagar, Ladowali Road, Near B. S. F. Chowk, Jalandhar
..........Complainant
Versus
1. Chadha Mobile House Pvt. Ltd. Regd. Office, 0, near Bhagat Singh Chowk, Jalandhar-144001
2. Fateh Enterprises authorized Service Centre, Shop No.1205, behind Lal Rattan Theatre, Jalandhar-144001
3. Huawei Telecommunications India Company Pvt. Ltd. 12th Floor, Tower C, Unitech Cyber Park, Sector-39, Gurgaon-122002, through its Director.
….….. Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Sh. Karnail Singh (President)
Smt. Jyotsna (Member)
Present: Sh. Neeraj Luthra, Adv Counsel for the Complainant.
OPs exparte.
Order
Karnail Singh (President)
1. The instant complaint has been filed by the complainant, wherein alleged that he purchased one handset mobile Huwaei Honor 7C (IMEI/Serial No.868188035857329) London-AL 301, KFC3Y18627027593 for an amount of Rs.10,600/-, vide Invoice dated 24.07.2018 from OP No.1. The amount for purchase was paid by cash. At the time of sale of above mobile set to the complainant, it was told that mobile set, provide warranty for its product for one year from the date of purchase and further assured that if any complication or problem during that period, if occurred, then the complainant will entitle to get return the purchased price or replacement of the mobile and accordingly, the complainant find that the set started giving problem from the very beginning qua display problem, ring problem and touch auto problem and then the complainant approached to the OP No.1 and explained the short coming defect in the mobile, OP No.1 told the complainant to contact OP No.2 for rectification of the defect to make it workable and functioning properly and accordingly, the complainant approached to OP No.2 and handed over the mobile set to OP No.2, who could not remove the defect despite repeated follow-up and after retaining so many dates, the mobile was handed over to the complainant, which is still not working and as such, there is a deficiency in service and unfair trade practice on the part of the OPs, which gave necessity to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to refund the price of the mobile i.e. Rs.10,600/- with interest @ 12% per annum from the date of purchase till the date of actually payment and further, OPs be directed to pay compensation of Rs.50,000/- for causing mental tension and harassment to the complainant and further, OPs be directed to pay litigation expenses of Rs.5500/-.
2. Notice of the complaint was given to the OPs, but despite service all the OPs did not come present and ultimately, all the OPs were proceeded against exparte.
3. In order to prove his exparte claim, the complainant also brought on the file certain documents as well as his own affidavit and then closed the exparte evidence.
4. We have heard the learned counsel for the complainant and also gone through the case file very minutely.
5. It is established on the file that the allegations made in the complaint has been already conveyed to the OP by giving a legal notice dated 10.09.2018 through registered post and copy of the postal receipts are Ex.C-4 and Ex.C-5, it is presume that the legal notice was served to the OPs, but despite becoming aware about the manufacturing defect in the mobile phone, all the OPs did not bother and they never call upon the complainant to get rectify his mobile and thereafter, the complainant filed the instant complaint and notice of this complaint was also served upon all the OPs, but despite service again OPs did not bother to appear in the Forum and they were proceeded against exparte and ultimately, the allegations of the complainant are remained un-rebutted and un-challenged because there is no rebuttal evidence came on the file qua the allegations of complainant.
6. In order to give strength to the allegations as made in the complaint, the counsel for the complainant submitted that the mobile in question is within warranty period when first time a defect was occurred qua display problem, ring problem and touch auto problem. No doubt, the complainant has brought on the file only one Job Sheet i.e. Ex.C-2, which shows that some defect was occurred in the mobile phone, but in order to controvert the allegation of the complainant that there is repeatedly defect has been occurred, the OP has not appeared in the witness box. So, in the absence of any evidence on the part of the OP, we have no option except to accept the un-rebutted evidence of the complainant i.e. there is a manufacturing defect in the mobile phone, if so, then complainant is entitled for the refund of the price of the mobile set along with compensation, interest and litigation expenses.
7. In view of the above detailed discussion, the complaint of the complainant is exparte, partly accepted and all the OPs are directed to refund the price of the mobile phone i.e. Rs.10,600/- with interest @ 9% per annum from the date of purchase i.e. 24.07.2018, till realization and further, OPs are directed to pay compensation to the complainant, to the tune of Rs.5000/- for causing mental tension and harassment and further, OPs are directed to pay litigation expenses of Rs.2000/-. It is further ordered that the complainant will return the old mobile to the OPs at the time of receiving the award amount. The entire compliance be made within one month from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.
8. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jyotsna Karnail Singh
13.11.2019 Member President
