Haryana

Sonipat

CC/453/2015

Parmod S/o Mange Ram - Complainant(s)

Versus

Connexions - Opp.Party(s)

S.K. Antil

24 Jun 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SONEPAT.

 

 

                  Complaint No.453 of 2015

Instituted on: 10.12.2015                                                      

Date of order:  24.06.2016

 

 

Parmod son of Mange Ram, resident of VPO Purkash, tehsil Ganaur, distt. Sonepat.

…Complainant.        Versus

 

1.Connexions, 7/85, Ramesh Nagar, New Delhi through its Managing Director.

2.Connexions, Sonepat Service Centre, Shop no.1, Basement Tulip Mall, Gandhi Chowk, Sonepat through its Managing Director/Prop.

3.Sony India, A-31, Mohan Co-op. Industrial Estate, Muthra road, New Delhi through its Managing Director.

 

                                                                                                                                …Respondents.

 

COMPLAINT UNDER SECTION 12 OF

THE CONSUMER PROTECTION ACT,1986

 

Argued by:Shri SK Antil, Adv. for complainant.

          Shri Deepak Vats, Adv. for respondents.

 

Before-  Nagender Singh-President.

Prabha Wati-Member.

 

 

O R D E R

 

         Complainant has filed the present complaint against the respondents alleging therein that on 21.01.2015 vide invoice no.1410 he has purchased one Sony Xperia C3 mobile from the respondent no.1 for Rs.20,000/-.  But after some time, there arose problem i.e. automatically switched off, hanging problem, problem with mother board and non receiving of voice form other side.  The complainant sent the mobile set to the respondent no.2 on 13.10.2015 and it was returned to the complainant by respondent no.2 on 16.10.2015.  But on 19.10.2015 there arose the same problem.  The complainant again approached the respondent no.2 who replaced the motherboard of the mobile.  But it has also not brought any fruitful result and the fault of the mobile has not been removed properly and it has caused unnecessary mental agony and harassment to the complainant.  So, he has come to this Forum and has filed the present complaint.

2.       The respondents have appeared and filed their joint written statement submitting therein that on 21.1.2015 the complainant has purchased the mobile set Sony Xperia from respondent no.1 for Rs.20,000/-.  The complainant has enjoyed the handset for almost 9 months and he has approached the respondent no.2 on 13.10.2015 with the complaint of phone cannot power on.  The complainant again approached on 19.10.2015 raising an issue of phone restarting by itself.  All the complaints of the complainant were attended and the faults were removed even by replacing the mother board of the mobile with fresh one.  So, the complainant is not entitled for any relief and compensation and has prayed for the dismissal of the present complaint.

3.       We have heard the arguments advanced by the ld. Counsel for the complainant and respondents at length.  All the documents have been perused very carefully and minutely.

4.       In the present case, there is no dispute with regard to the fact that the complainant has purchased the mobile in question from respondent no.1 on 21.01.2015 worth Rs.20,000/-.

         The plea of the complainant is that there was manufacturing defect in the mobile and it needs to be replaced with new one.

         On the other hand, ld. Counsel for the respondents has submitted that on 21.1.2015 the complainant has purchased the mobile set Sony Xperia from respondent no.1 for Rs.20,000/-.  The complainant has enjoyed the handset for almost 9 months and he has approached the respondent no.2 on 13.10.2015 with the complaint of phone cannot power on.  The complainant again approached on 19.10.2015 raising an issue of phone restarting by itself.  All the complaints of the complainant were attended and the faults were removed even by replacing the mother board of the mobile with fresh one.  So, the complainant is not entitled for any relief and compensation.

         The complainant has purchased the mobile set on 21.01.2015 and he has filed the present complaint before this Forum on 10.12.2015, when one year of warranty period was likely to be expired.  The complainant has used the mobile set for about nine months. In our view, the ends of justice would be fully met if some directions are given to the respondents. Accordingly, we hereby direct the respondents to refund 75% amount of Rs.20,000/- i.e. Rs.15,000/- (Rs.fifteen thousand) to the complainant within a period of 30 days from the date of passing of this order, otherwise the said amount shall fetch interest at the rate of 09% per annum from the date of filing of the present complaint till its realization. 

         The complainant is directed to return the mobile set alongwith its all accessories to the respondents within a period of 10 days from the date of passing of this order.  It is further made clear here that the respondents shall not claim the mobile set from the complainant, if the same is in their possession.

         With these observations, findings and directions, the present complaint stands allowed partly.

         Certified copy of this order be provided to both the parties free of costs.

         File be consigned after due compliance.

 

 

(Prabha Wati)                         (Nagender Singh)           

Member,DCDRF,                        President, DCDRF

Sonepat.                              Sonepat.

 

Announced 24.06.2016