Haryana

Ambala

CC/174/2016

Navjot Saini - Complainant(s)

Versus

Cloudtail India Pvt Ltd. - Opp.Party(s)

In Person

09 Jun 2016

ORDER

        BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM :

                                                         AMBALA

 

 

                     Complaint Case No.            :       174 OF 2016

                        Date of Institution              :       06-04-2016

                        Date of Decision                 :      09.06.2016

 

 

Navjot Saini son of Sh. Bhag Singh R/o V. & P.O. Shahpur, Teh. & Distt., Ambala.

:::::::Complainant.

                                Versus

1.             Cloudtail India Pvt. Ltd., Unit No.1, Khewat/khata No. 373/400 Mustatil No.31, Village Taoru,Distt. Mewat-122105.

2.             M/s Service City Shop No. 167/17 (FF) Part A, Near Vijay Rattan Chowk, Ambala Cantt.

3.             YU Televenture Pvt. Ltd., Plot No. 21/14, Block A Naraina Industrial Area, Phase 2, New Delhi-110029.

:::::::Opposite Parties.

 

        Complaint Under Section 12 of the Consumer Protection Act.

 

CORAM:            SH.A.K.SARDANA, PRESIDENT

                        SH. PUSHPENDER KUMAR, MEMBER

 

Present:-           Complainant in person

                        OPs ex-parte.

                         

               

O R D E R

 

1.           Brief facts of the present complaint are that the complainant purchased  Mobile from OP No.1 vide Invoice No. HR-DEL.2-144105041-2521830 dated 18.6.2015 in a sum of Rs.7048/-. After about 6 months, the said mobile phone started giving problem. So, the complainant approached to OP No.2 i.e. authorized service centre of OP No.3 (manufacturer of the mobile) as the mobile in question was within the warranty period, where the OP No.2 issued a job sheet No. 50113-0316-22201606 dated 1.3.2016 & received the mobile set in question for repair/ rectifying the defects and directed the complainant to come after a week. Thereafter complainant contacted the OP No.2 several times but OP No.2 neither returned the mobile set of the complainant nor repaired the same for the reasons best known to him, even complainant got no satisfactorily response from the service centre which is a deficiency in service as well as unfair trade practice on the part of OPs. Hence, having no alternative, complainant preferred the present complaint seeking relief as mentioned in the prayer para.

 

 

2.          Notice of complaint was duly served upon OP’s through Regd. Post but OPs did not bother to appear despite service and thus they were proceeded against ex-parte vide order dated 24-5-2016.

 

3.          To prove his contention, complainant tendered his affidavit as Annexure C -X alongwith documents as Annexures C-1   to C-  and closed the evidence.

 

 

      4          We have heard the complainant  and gone through the case file minutely. The main grievance of the complainant is that he purchased Mobile set in question from OP No.1 vide Invoice No. HR-DEL.2-144105041-2521830 dated 18.6.2015 in a sum of Rs.7048/- which became defective within 6 six months of its purchase i.e. during the warranty period, wherefrom it is established that this Mobile is having a defect but OPs failed to rectify the defects or replace the Mobile set in question, which is admittedly a deficiency in service on their part.

 

 

5.           After hearing the complainant and going through the record, it is crystal clear from the document Annexure C-1 that the Mobile set in question is of the OP Company which was  sold  by OP No.1 online to the complainant on 18-6-2015 vide Invoice No. HR-DEL.2-144105041-2521830 in a sum of Rs.7048/-. Further it is also not in dispute that the Mobile set was having a warranty of one year from the date of its purchase and became defective during the warranty period. It is also not in dispute that the complainant made complaint to the OP No.2 which is authorized service centre of the OP company where they retained  the mobile set in dispute for repair and issued job sheet Annexure C-2. Further, as per contention of complainant, neither the set in question has been returned by OPs nor his grievance has been redressed till date. Since the OPs did not bother to appear and submit reply to the contention of complainant despite service of notice upon them, we have no option except to believe the version of the complainant.

 

                Accordingly in view of the facts discussed above,  we have come to the conclusion that the Mobile set sold to the complainant by OP No.1  was having inherent defect from its very beginning and was not rectified by the OPs  during the warranty period despite various visits of the complainant to their service centre i.e. OP No.2. Hence, it is a clear cut case of deficiency in service and unfair trade practice committed by OPs. Therefore, we accept the complaint and direct the OPs to comply with the following directions within thirty days from the communication of this order:-

                (i)     to replace the mobile set in question of the complainant having same model or if the  same model is not available, then to return the cost of mobile set  i.e. Rs.7,048/- to the complainant alongwith simple interest @ 9% per annum from the date of institution of complaint to till date.

               (ii)     to pay  Rs. 3000/- as  compensation  for  harassment and mental agony etc.

              (iii)      also to pay Rs.1000/- as costs of litigation.

Further the aforesaid order/directions issued above must be complied with by the OPs within the stipulated period failing which all the awarded amounts shall further attract simple interest @ 12% per annum for the period of default. So, the complaint is decided in above terms. A copy of this order be sent to the parties concerned free of cost. File be consigned to the record room after due compliance.

 

Announced: 09.06.2016                                         

                                                                             Sd/-

                                                                      ( A.K.SARDANA)                                                                     

                                           Sd/-                      PRESIDENT

                            ( PUSHPENDER KUMAR )

                                              MEMBER