Haryana

Gurgaon

CC/342/2015

Nirmal singh - Complainant(s)

Versus

Concept Retail - Opp.Party(s)

complaint in person

04 Nov 2015

ORDER

 

 

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  

                                 DISTRICT   CONSUMER   DISPUTES   REDRESSAL FORUM,  GURGAON-122001

                                                                                   Consumer Complaint No: 342 of 2015                                                                                                                                                 Date of Institution: 09.07.2015                                                                                                                                                         Date of  Decision: 08.03.2016.

Nirmal Singh s/o Shri Dalip Singh, R/o H.No.160/20, Om Nagar, Gurgaon.

 

                                                                                        ……Complainant.

 

                                                Versus

 

Concept Retail, SF-42 & 43, 1st Floor, Galleria Market, DLF Phase-IV, Gurgaon, Haryana through its authorized person/proprietor.

 

TVS Electronics Ltd, Unit No.105, 1st Floor, DLF Grand Mall, DLF City, Phase-II, Gurgaon, Haryana-122001 through its authorized person/proprietor.

 

HTC India Pvt. Ltd C-4, BPTP Park Avenue, Sector 30 near NH-8, Gurgaon-122002 through its authorized person.

 

                                                                              ..Opposite parties

                                                                            

                                               

Complaint under Sections 12 & 14 of Consumer Protection Act,1986                                                                 

 

BEFORE:     SHRI SUBHASH GOYAL, PRESIDENT

SMT JYOTI SIWACH, MEMBER

                   SH.SURENDER SINGH BALYAN, MEMBER.

 

Present:        Shri H.S.Gujral, Adv for the complainant.

                    OPs exparte

 

ORDER       SUBHASH GOYAL, PRESIDENT.

 

 

The case of the complainant, in brief, is that he had purchased mobile handset Marka HTC Desire 816-352795061189733 vide Bill No.REL/5756 dated  12.07.2014 worth Rs.24,500/- from OP-1 with one year warranty. In the month of Feb, 2015 the said mobile phone became defective and the same was deposited with OP-2. The same problem appeared and it was again deposited with the OP-2 on 04.07.2015 but the OP-2 failed to rectify the problem and thus, the complainant has suffered lot of problem. The complainant requested the OP-3, the manufacturer,  to replace the defective mobile phone but of no use and thus, there was deficiency in service on the part of the opposite parties. The complainant prayed that the opposite parties be directed to replace the said mobile phone with new one besides compensating  him for harassment and mental agony.

2                 Notice of the complaint was given to the opposite parties. However, OP-1 to OP-3 failed to turn up despite service and thus, were proceeded exparte vide order dated 17.09.2015.

3                 The complainant in his exparte evidence has filed his affidavit, copy of Bill No.REL/5756 dated 12.07.2014 (Ex.C-1), HTC Repair Report QPS15061300021 (Ex.C-2), Service Report dated 04.07.2015 (Ex.C-3), purchase bill of another for Rs.15,000/- and email (Ex.C-5).

4                 We have heard the learned counsel for the complainant and have perused the record available on file.

5                 Therefore, from the facts and circumstances of the case, evidence on the file and the arguments advanced by the counsel for the complainant, it emerges that the complainant has filed the present complaint against the OPs alleging deficiency in service on their part on the ground that he has purchased mobile handset Marka HTC Desire 816-352795061189733 vide Bill No.REL/5756 dated 12.07.2014 worth Rs.24,500/- from OP-1 with one year warranty. However it became defective in the month of Feb, 2015 and was taken to OP-2 on 02.07.2015 and then on 04.07.2015 but the OPs failed to rectify the defects developed in the handset and thus, there was deficiency in service on the part of the opposite parties.

6                 From the perusal of the documents placed on file it is evident that the complainant had purchased the above said handset from OP-1 on 12.07.2014 for a sum of Rs.24,500/- vide Bill (Ex.C-1). From the contents of the complaint it reveals that in the month of Feb, 2015 the above handset became defective i.e. within the warranty period of one year. It again developed fault and was taken to OP-2 on 02.07.2015 vide job card (Ex.C-2) and then on 04.07.2015 vide job card (Ex.C-3). The complainant has also produced on record purchase bill of another mobile Ex.C-4 and email (Ex.C-5) in support of his contention. The above said evidence produced by the complainant goes unrebutted and there is no reason to disbelieve the same as the OPs have to appear before this Forum to contest the claim of the complainant.

7                 Therefore, we accept the present complaint and hold that there was deficiency in service on the part of the OPs. Accordingly, the opposite parties are directed to replace the mobile phone in question with new one or with up-graded model  on return of the defective mobile phone to the OPs. The opposite parties shall also pay a compensation of Rs.3,000/- for the harassment and mental agony caused to the complainant. The OPs shall make the compliance of the order within 30 days from the date of receipt of the copy of this order. The parties be communicated of the order accordingly and the file be consigned to the records after due compliance.

 

Announced                                                                                                                       (Subhash Goyal)

08.03.2016                                                                                                                            President,

                                                                                                                                District Consumer Disputes

                                                                                                                                  Redressal Forum, Gurgaon

 

(Jyoti Siwach)        (Surender Singh Balyan)

Member                 Member