Delhi

North

CC/231/2014

DEVESH KUMAR - Complainant(s)

Versus

CROMA - Opp.Party(s)

16 May 2015

ORDER

O R D E R

D.R. Tamta, Member

 

The complainant has filed present complaint against O.Ps under section 12 of the Consumer Protection Act, 1986.  The facts as alleged in the complaint are that complainant had purchased a Croma CRXT 1125 Tablet bearing Sr. No.911314200037920/38 from OP-2 vide Transaction No.SLF02A032010033631 dated 07.07.2013 for a sum of Rs.8,990/-.  It is alleged that the same day the product was purchased it has many/ numbers of manufacturing defects regarding charging and battery problem, heating issue, touch is not working well and the Tab is not working, it is dead now.  It is also alleged that complainant always requested to replace the product or return the money but O.Ps did not pay any heed to the request of the complainant.  Despite of all sincere efforts done by the complainant the above said O.Ps did not provide any permanent solution.  Complainant has also sent notice dated 30.06.2014 but to no avail.  On these facts complainant prays that O.Ps be directed to refund the price of the Tablet and also to pay compensation as claimed.

2.     The O.Ps were duly served but they did not put an appearance therefore they were proceeded with ex-parte.  Complainant has filed his affidavit in evidence testifying all the facts as alleged in the complaint.  

3.     We have carefully gone through the record of the case and have heard submission of the complainant.

4.     From the perusal of record we find that complainant has placed on record Transaction No.SLF02A032010033631 dated 07.07.2013 issued by Croma, Kamla Nagar, Delhi which shows that Transaction No.SLF02A032010033631 was purchased by the complainant for Rs.8,990/-.

5.     We have carefully gone through the record of the case.  From the perusal of the record we find that the Tablet in question was giving frequent problems for which complainant has made several complaints to the O.Ps.  The Tablet was under warrantee but O.Ps could not rectify the defect in the said product though the complainant had visited the service centre of the O.P-2 on several occasions.  The Tablet had been giving problem repeatedly even after it has been repaired, it cannot be said that goods sold to complainant was marketable as the same was having some inherent manufacturing defect.  On the other hand O.Ps did not attend to the reasonable grievance of the complainant.  Therefore, we come to the conclusion that there was defect in the goods sold by the O.Ps which they failed to rectify and secondly they failed to render proper service to the complainant which is deficiency of service on the part of O.Ps.

6.     In view of the above, we are of the view that ends of justice will be met if O.Ps are directed to refund the price of the Tablet to the complainant.  Accordingly we direct the O.Ps, jointly and severally, to pay Rs.8,990/- the price of the Tablet to the complainant within one month of receipt of this order.  Apart from that O.Ps shall jointly and severally also pay Rs.1,000/- to the complainant towards cost and compensation.  Ordered accordingly.  The order shall be complied within 30 days of receipt of this order.

        Copy of this order be sent to the parties by Registered post and thereafter the file be consigned to record room.

  Announced this 16^th day of May, 2015.

(BABU LAL)                   (D.R. TAMTA)                (SHAHINA)                                        

President                           Member                       Member