Haryana

Ambala

CC/366/2016

Yogesh Kumar - Complainant(s)

Versus

Customer Care Cell Intex - Opp.Party(s)

Kiran Puri GPA

02 Jan 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                             Complaint case no.        : 366 of 2016

                                                             Date of Institution         : 27.09.2016

                                                             Date of decision   :  02.01.2017

          Yogesh Kumar, H.No. 26, New Model Colony, Ambala City.

                                                  ……. Complainant.

1.       Customer Care Cell, Intex Technologies (India) ltd. D-18/2, Okhla Ind,    Area Phase-II, New Delhi-110020(India)

2.       Golyan India LLP 4/31 2^nd floor W.E.A. Karol Bagh, New Delhi-110005.

3.       M/s Intex Technologies ((India) ltd. C/o Sunny  Communication Jai Maa,          Market, Baldev Nagar, Ambala-133001, Haryana. 

                                                                             ….…. Respondents. 

BEFORE:   SH. D.N. ARORA, PRESIDENT

                   SH. PUSHPENDER KUMAR, MEMBER                             

Present:       Ms. Kiran Puri, GPA for complainant.

                   Reply of Op No. 2 received by post.

                   Ops No. 1 & 3 already exparte v.o.d. 16.11.2016.

ORDER:

                   In nutshell, brief facts of the present complaint is that the complainant had purchased a mobile phone i.e. Intex Cloud N IGB white smart-phone from OP no. 2 for sum of Rs. 3998/- vide invoice No. GI/15-16/R-32002 dated 29.09.2015 through on-line which was having 1 year warranty. The mobile set of the complainant was not in working condition properly as there is manufacturing defect in the mobile set i.e. internal problem and the complainant made complaint so many times to the OP No. 3 but the OP no. 3 have not paid any heed on the request of complainant and lastly now the mobile set stopped to work and in this regard the complainant made complaint to the OP no. 3 in the month of Sept. 2016 and requested to remove the fault or to replace the mobile set of complainant and the OP no. 3 had taken the mobile set of complainant and gave assurance to sent the same to the company and the  company will remove the fault of mobile set or to pay the cost of mobile set, but the Op no. 3 failed to do so. Hence, the present complaint.

2.                Upon notice, Op NO. 2 appeared and filed written statement submitting that M/s Staunch, E-tail Services LLP is a distributor of the company “Intex Technologies (I) Ltd”, 18/2, Okhla Industrial Area Phase-II, New Delhi-110020 and has been selling the product under the said distribution contract through various E-retail platforms like paytm, snapdeal, E-bay, Flipkart, etc. Further mentioned that any guarantee/warrantee3, if any, of the product is of the manufacturer, M/s Intex Technologies (I) ltd. and answering respondent has no liability for the guarantee/warrantee of any product manufactured by M/s Intex Technologies (I) ltd; and being sold through answering respondent. Further submitted that there are certain E-commerce websites which provide exchange/return policy (except to that of E-bay India Pvt. Ltd) and any exchange for the said exchange policy has to be adhered by the said e-commerce portal and not by answering respondent’s company directly.

                   On the other hand, OPs No. 1 and 3 not bothered to appeared despite issuance of notice as such they were proceeded against exprte v.o.d. 16.11.2016.

3                 To prove his version complainant tendered his affidavit as Annexure C-X along with documents as annexure C-1 to C-3 and close his evidence.

4.                We have heard learned counsel for the complainant and carefully gone through the case file. The present case of the complainant is that the complainant  had purchased a mobile phone i.e. Intex Cloud N IGB white smart-phone from OP no. 2 for sum of Rs. 3998/- vide invoice No. GI/15-16/R-32002 dated 29.09.2015 through on-line which was having 1 year warranty started giving problems as per job Sheet (Annexure C-3) having “charging related problem”.  Perusal of the job sheet reveals that the mobile set occurred problems due to its charging problem and the version of complainant duly supported by his affidavit reveals that the mobile in question started giving problems i.e. charging related problem within its warranty period inspite of various visits by complainant thus the OPs are negligent in rectifying the problems of mobile set. The Ops No.1 & 3 despite registered notice not pursued the case and they were proceeded against exparte. As such, the contents enumerated in the complaint remained un-rebutted and thus we have no other option except to believe the version as well as documents submitted by the complainant.

5.                In view of above discussion, the present complaint is allowed with costs and Ops are directed to comply with the following direction within thirty days from receipt of copy of the order:-

(i)      To replace the Mobile set in question with a new one of the same model. If the same model is not available then to refund the cost of mobile set to the tune of Rs.3999/- as per Annexure C-1 along with interest at the rate of 9% per annum from the date of complaint till its realization.

 (ii)    Also to pay a sum of Rs. 2,000/- on account of mental harassment & agony alongwith cost of litigation.

                   Copies of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on : 02.01.2017                                             

                                                                                        Sd/-

                                                                               (D.N. ARORA)

                                                                                       President

 

                           Sd/-    

     (PUSHPENDER KUMAR)

                                                                                       Member