DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
CONSUMER COMPLAINT NO.218 of 14
DATE OF INSTITUTION: -6.8.2014
DATE OF ORDER: -03-07 -2015
Sandeep son of Shri Mohinder Singh, resident of Kirti Nagar, Bhiwani, tehsil and district Bhiwani, presently residing Om Nursing Home, Badhra, tehsil Charkhi Dadri, district Bhiwani.
……………Complainant.
VERSUS
- Chawla Telecom, Bharat Colony, Near Model Town, Rohtak, the authorized dealer of Nokia through its Prop.
- NOKIA CARE CENTRE, the Mobile creators, Opposite Nehru Park, Hansi Gate, Bhiwani.
- The Care Manager, Nokia India Pvt. Ltd. 4F, Tower- A & B, Cybergreen, DLF Cyber City, Sector-25A Gurgaon.
………….. Opposite Parties.
COMPLAINT U/S 12 OF CONSUMER PROECTION ACT
BEFORE: - Shri Rajesh Jindal, President
Shri Balraj Singh, Member
Smt. Anita Sheoran, Member
Present: - Shri Ravinder Sheoran, Adv. for complainant.
OPs ex parte.
ORDER:-
Rajesh Jindal, President:
In brief, the grievance of the complainant is that he had purchased one Handset of Nokia Company for a sum of Rs. 7800/- from OP No.1 vide bill No.192. It is alleged that soon after purchase the Hand Set became defective within warranty period and complaint was lodged with the opposite parties. The complainant alleged that on the asking of opposite party No.1 he visited the service centre of respondent company several times and requested to repair the same but it flatly refused to do the needful. The complainant further alleged that he had also got served a legal notice through his counsel but of no effect. Hence the complainant was deprived of use of the Hand Set and suffered a loss. Now the complainant has claimed the replacement of the Hand Set along with compensation and costs by way of filing present complainant.
2. Opposite Parties have failed to come present despite service. Hence, they were proceeded against ex parte by this Forum vide orders dated 17.11.2014 and 5.6.2015, respectively.
3. In order to make out his case, the complainant has placed on record Annexure C1 Photostat copy of Challan, Annexure C2 Photostat copy of Bill dated 10.1.2012, Annexure C3 Photostat copy of Job Sheet, Annexure C4 Photostat copy of postal receipts, Annexure C5 Photostat copy of legal notice along with supporting affidavit.
4. We have gone through the record of the case carefully and have heard the Ld. Counsel for the complainant.
5. Learned counsel for the complainant reiterated the contents of the complaint. He argued that the Mobile Hand Set on the instructions of Opposite Party No.1 was delivered to Opposite Party No.2 for repairs but till date Mobile Hand Set has not been repaired by the opposite party No.2 despite repeated requests. In support of her contention he referred Photostat copy of bill Annexure C2, Photostat copy of Job Sheet Annexure C3, Annexure C4 Postal Receipts and Photostat copy of Legal Notice C5. The evidence adduced by the complainant before this District Forum has un-rebutted and unchallenged as the opposite parties did not appear and contest the claim. Keeping in view the facts, as narrated by counsel for the complainant, we hold that the Opposite Parties are guilty of deficiency in service. We allow the complaint of the complainant and direct the Opposite Parties to refund Rs.7800/-, cost of the Mobile Hand Set, to the complainant. This order be complied with by the Opposite Parties within 45 days from the date of passing of this order. No order as to costs.
Certified copies of the order be sent to the parties free of costs. File be consigned to the record room, after due compliance.
Announced in open Forum.
Dated: .03.07.2015. (Rajesh Jindal)
President,
District Consumer Disputes
Redressal Forum, Bhiwani.
(Anita Sheoran), (Balraj Singh),
Member. Member.
