BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, JALANDHAR.
Complaint No.381 of 2016
Date of Instt. 05.09.2016
Date of Decision :13.12.2016
Daler Singh S/o Gurcharan Singh R/o 799, Basti Mithu, Near Baba Bachitar Singh Gurudwara, Jalandhar 144002.
..........Complainant
Versus
Cloudtail India Pvt. Ltd., C/o TCI Supply Chain Solutions, Khasra No. 4/21, Gurgaon, Pataudi Road, Jhund Sarai Viran, Village Farukkhnagar Post, Gurgaon 122505 (Haryana).,
Sehaj Tele Care- 1st Floor, Gulati Complex, Near DLF Mall, Nakodar Chowk, Jalandhar. Mob No. 8699740096.
.........Opposite parties
Complaint Under the Consumer Protection Act.
Before: Sh. Karnail Singh, (President),
Sh.Parminder Sharma (Member)
Present: Complainant in person.
Opposite Party No. 1 & 2 Exparte.
Order
Karnail Singh (President)
1. The instant complaint filed by complainant, wherein alleged that the opposite party No.1 is engaged in service of YU Yuphoria on Abroid mobile phones at Gurgaon (Haryana). The complainant had purchased one mobile (YU YUPHORIA ON ANDROID (BUFFED STEEL) BOI5W4UQJS Serial No.911476050250620 against Invoice or DbPXy9rHN on 06.10.2015 through Amazone. After using the said mobile phone by the complainant, it started giving problem and complainant contacted the said company, who gave reply that the complainant is required to approach opposite party No.2 then complainant contacted the service centre i.e. opposite party No.2 on 18.07.2016 and explained the problem. Then the service centre raised the job card No.2122046-0716-24455337 dated 18.07.2016 and sent the phone to the company with the problem reported i.e. “Power Switches Off”.
2. That after repeated visits to the service centre and phone calls my phone received at service station on 09.08.2016 but he received the phone, it does not work and the service centre again raised job No.2122046-0816-24844025 on 09.08.2016 and recent my phone to the company. The service centre committed that I shall receive my phone within 15 days but when I call the service centre of the said company, they do not receive the phone upto dated 22.08.2016. The complainant repeated in-touch with the service centre as well the senior of the company, who advise that they will receive my phone very shortly but till date I have not receive my phone as well as satisfaction answer from the opposite party. The mobile phone is under warranty but despite repeated requests, the phone is not repaired by the opposite party and as such there is deficiency in service, negligence and unfair trade practice on the part of the opposite parties and as such necessity arose to file the present complaint with the prayer that the opposite parties be directed to provide my new mobile in lieu of the previous mobile as well as compensation of Rs.20,000/- to the complainant for causing mental tension and harassment.
3. Notice of the complaint was given to opposite parties but despite service, opposite party No. 1 and 2 did not come present and ultimately, opposite party No.1 and 2 were proceeded against exparte.
4. In order to prove his exparte claim, complainant tendered into evidence his duly sworn affidavit Ex.CA and copy of job card Ex.C1, Ex.C2 receipt dated 09.08.2016 and Ex.C3 receipt dated 18.07.2016 and then closed his evidence.
5. We have heard the complainant in person and also gone through the file very minutely.
6. After considering the submissions of the complainant as well as scanning of the documents, we find that the complainant is able to establish on the file that he has purchased the mobile set manufactured by opposite party No.1, on 06.10.2015 and to this effect complainant has brought on file invoice Ex.C1 and thereafter the complainant found the mobile set started giving problem and accordingly, he approached the service centre i.e. opposite party No.2 on 18.07.2016 who issued the job sheet with the problem that “power switch off” and then repaired the mobile set but the complainant was not satisfied with the service provided by the opposite parties in regard to repair and he again submitted the mobile set with the opposite party No.2 who again issued job sheet dated 09.08.2016 both the job sheets are Ex.C2 and Ex.C3 and problem again mentioned in the job sheet “power switch off”. So, it means that the complainant has established on the file by placing the two job sheets that there is a fault in the mobile set but it is not proved on file that there is any inherit manufacturing defect in the mobile set which required to return to the opposite party but from the job sheets, it seems that the fault is repairable but the opposite party miserably fails to provide the mobile set in stipulated period rather cause un-necessarily delay for repairing the mobile for that purpose they caused mental tension agony and harassment to the complainant for that they are liable to pay the compensation.
7. In the light of above detailed discussion, the complaint of the complainant is partly accepted and opposite parties are directed to repair the mobile set of the complainant and returned the same to the complainant within 15 days from the date of receipt of copy of order and further opposite parties are directed to pay compensation for harassment and mental agony to the tune of Rs.5000/-. 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 Parminder Sharma Karnail Singh
13.12.2016 Member President
