Punjab

Sangrur

CC/50/2018

Gurinder Singh - Complainant(s)

Versus

Chhabra Communications - Opp.Party(s)

Sh.J.S.Sahni

09 Jul 2018

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                             

                                                                   Complaint no. 50                                                                                           

                                                                 Instituted on:  07.02.2018                                                                                    

                                                               Decided on:    09.07.2018

 

Gurinder Singh song of Shri Dayal Singh resident of R/o #485, Sant Attar Singh Nagar, Barnala Road, Sangrur.        

                                                …. Complainant   

                                Versus

 

1.         Chhabra Communications, Near Bus Stand, Sangrur through its Proprietor/Partner.  

2.        M/s Rising Star Mobile, Pvt. Limited Plot No.M-2B, Sipcot Industrial Park, Phase-II, Hi Tech SEZ, DTA Area, Sriperumbudur Taluk, Kancheepuram, Tamil Nadu through its Managing Director.                                                                                                                                                   ….Opposite parties.

 

FOR THE COMPLAINANT            :         Shri J.S.Sahni,Advocate                        

 

FOR THE OPP. PARTY NO.1                 :   Shri Ashish Grover, Adv.

 

FOR THE OPP. PARTY NO.2                 :    Exparte                         

 

 

Quorum

                   

                            

Sukhpal Singh Gill, President

Sarita Garg,   Member

                            

 

ORDER:  

 

 

Sukhpal Singh Gill, President

 

 

1.             Gurinder Singh, complainant has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that he  purchased mobile phone model Nokia 2 Black from the OP no.1 for an amount of Rs.6900/-   vide invoice number 2481 dated 25.11.2017 under warranty of one year. From the very beginning it started giving problem of hanging and it does not catch the network of network provider. In the month of December 2017 it started giving another problem of display flickering and touch not working properly which creates problems. The complainant approached the OP no.1who after two days returned the mobile set to the complainant  saying that all problems have been rectified but the problem persisted.  On 10.01.2018 the complainant again approached the OP no.1 but he refused to do anything.  Thus, alleging deficiency in service on the part of OPs, the complainant has sought following reliefs:- 

 

i)      OPs be directed to refund the purchase amount of said mobile phone i.e. Rs.6900/-  alongwith interest @18% per annum from the date of purchase till realization,

ii)     OPs be directed to pay to the complainant a sum of Rs.10,000/-  on account mental agony and harassment,

iii)     OPs be directed to pay Rs.7500/- as litigation expenses.

2.             None has appeared for OP no.2  despite service  and as such OP no.2 is proceeded exparte.

3.             In reply filed by the OP no.1, it is submitted that the complainant never approached the OP no.1. The mobile set is in OK condition. Moreover, it any defect in mobile set then the OP no.2 is liable for the same.

4.             The complainant has tendered documents Ex.C-1 to Ex.C-5 and closed evidence. On the other hand, evidence of the Op no.1 was closed by order of the Forum on 11.06.2018.

5.             From the perusal of the documents placed on the file, we find that the complainant purchased mobile phone model Nokia 2 Black from the OP no.1 for an amount of Rs.6900/-   vide invoice number 2481 dated 25.11.2017 under warranty of one year which is evident from copy of tax Invoice Ex.C-5 . The complainant's case is that from the very beginning it started giving problem of hanging and it does not catch the network of network provider and  in the month of December 2017 it started giving another problem of display flickering and touch not working properly which creates problems for which  he approached the OP no.1 who after retaining the mobile set with him for two days  returned the same to the complainant  saying that all problems have been rectified but the problems persisted. The complainant has further stated that on 10.01.2018 he again approached the OP no.1 but he refused to do anything. To support his case, the complainant has produced on record certificate of  Singh Connectivity  dated 15.01.2018 Ex-C-4 wherein Mr. Damanjit Singh proprietor of Singh Connectivity has opined that  the mobile set  was given the problem of display flickering and touch not working properly and he  checked the said mobile phone and found the same has manufacturing defect which is not curable. The complainant has also produced  affidavit of Mr. Damanjit Singh Ex.C-3.   The OP no.1 has denied  the defect in the  mobile set and stated that  if any defect in the mobile set then the OP no.2 is liable for the same. The OP no.2 has not come forward  to contest the case of the complainant rather they chosen to remain exparte.

6.             For the reasons recorded above, we allow the complaint and direct the OPs either to replace the mobile set in question or in the alternative to refund its cost i.e. Rs.6900/- subject to return of the mobile set in question alongwith its accessories. The OPs are further directed to pay to the complainant a consolidated amount of compensation of Rs.2000/- on account of mental pain, agony, harassment and litigation.

7.             This order of ours shall be complied with within 30 days from the date of receipt of copy of the order. A copy of the order be supplied to the parties free of charge. File be consigned to records in due course.                       

                Announced

                July 9, 2018

 

 

 

                              ( Sarita  Garg)                       (  Sukhpal Singh Gill)                                                                                                                                                                                                    

                                  Member                                    President