Punjab

Fatehgarh Sahib

CC/29/2017

Samsher Singh - Complainant(s)

Versus

Datawind Innovations Pvt Ltd - Opp.Party(s)

In Person

11 Aug 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FATEHGARH SAHIB.

                         Consumer Complaint No.29 of 2017

                                                                Date of institution:  28.04.2017                        

                                                                Date of decision   :  11.08.2017

Samsher Singh aged about 36 years, son of Sh. Harnek Singh, resident of H.No.4879, Ward No.2, Bassi Pathana, Near Mall Godown RLY Station, Tehsil Bassi Pathana, District Fatehgarh Sahib, 140412

……..Complainant

Versus

1. Datawind Innovations Private Limited, C/o DTDC Courier & Cargo Ltd.,Khasra No.1226, Rajokri village, New Delhi, 110038.
2. Ravindera Mobile Near Janj Ghar, Book Market, Khanna, Tehsil Khanna, District Ludhiana

                                            …..Opposite parties      

Complaint under Sections 12 to 14 of the Consumer Protection Act 1986

Quorum

Sh. Ajit Pal Singh Rajput, President          

Sh. Inder Jit, Member

         

Present :   Sh. Shamsher Singh, Complainant in person.

                   Opposite parties exparte.

ORDER

By Inder Jit, Member

                Complainant, Samsher Singh aged about 36 years, son of Sh. Harnek Singh, resident of H.No.4879, Ward No.2, Bassi Pathana, Near Mall Godown RLY Station, Tehsil Bassi Pathana, District Fatehgarh Sahib, has filed this complaint against the Opposite parties (hereinafter referred to as “the OPs”) under Sections 12 to 14 of the Consumer Protection Act. The brief facts of the complaint are as under:

2.             The complainant gave an order to the OPs through mobile phone No.7355825460, vide order ID No.27920915, for the purchase of a new Tablet(Datawind Smart WIFI Tablet- Non Calling) manufactured by OP No.1, after watching the advertisement given by Naaptol/S.D. Associates Punjab MLP.  The authorized agent of the OPs delivered the said Tablet on 09.10.2016 at the address of the complainant and also took signature of the complainant upon a receiving receipt. The value of the said Tablet was Rs.2499/-, which was paid by the complainant. The guarantee period of the said Tablet was one year from the date of its purchase i.e. 09.10.2016. After using the Tablet for two months from the date of purchase, the same was totally off/dead. The complainant approached OP No.1 through customer care number and disclose the problem in the tablet. OP No.1 advised to approach OP No.2. Thereafter on 05.01.2017, the complainant personally visited the office of OP No.2 for repair of the defective tablet or to change the same with new one. OP No.2 took the defective tablet with it and assured the complainant to collect the repaired one or new one after one week. The complainant again approached OP No.2 after one week to collect the said tablet. But OP No.2 demanded more time for repairing the same. After few days, the complainant approached the office of OP No.2 to collect the said tablet. The dealing hand of OP No.2 handed over the tablet to the complainant after its repair but on the next day, the said tablet was again totally off/dead and did not start. The complainant again approached OP No.2 for repair/change the said tablet with new one. OP No.2 demanded more time for its repair and ultimately they handed over the said tablet to the complainant by saying that they cannot solve the problem in the tablet due to manufacturing defect and they refused to repair or change the said tablet. The act and conduct of the OPs amounts to deficiency in service on their part. Hence, this complaint for giving directions to the OPs to  repair the said tablet or to change the same with new one or to refund the price of the tablet along with interest and further to pay Rs.10,000/- as compensation for mental agony and unnecessary harassment suffered by the complainant.

3.             Notice of the complaint was issued to the OPs but they chose not to appear to contest this complaint despite service. Hence, OPs were proceeded against exparte.

4.             In order to prove his case the complainant tendered in evidence his affidavit Ex. C-1, true copy of bill dated 09.10.2016 Ex. C-2, true copy of message Ex. C-3 and closed the evidence.

5.             The complainant appeared personally to advocate his complaint/cause. He pleaded that the OPs could not redress his grievance regarding the repair of the said defective Tablet or its change with a new one. He further pleaded for directions to the OPs to repair the said defective Tablet or change it with the new one alongwith compensation of Rs.10,000/-.

6.              On the other hand, neither the OPs appeared personally nor anyone else on their behalf to plead the case and hence they were proceeded against exparte.  Their non-appearance is nothing but an admission from their own side.

7.             After having gone through the material placed on record, written & oral submissions, it has come to our notice from copy of the complaint i.e. C-3 that the complainant had lodged a complaint with the OPs regarding the defect in the Tablet. Complainant, however, could not put on record any job-sheet or technical report regarding the manufacturing defect in the said Tablet. Still the complaint of the complainant is accepted owing to the fact that the Tablet had gone out of order during the warranty period and hence OP No.1 is directed to get the Tablet in question repaired to the satisfaction of the complainant within 45 days from the receipt of copy of this order. If the defect in the said Tablet is beyond repair, then a new Tablet may be supplied to the complainant in place of the defective one or to refund the price of the said Tablet within the aforesaid period. The complainant is held entitled for compensation of Rs.6000/- for mental agony and harassment and Rs.2000/- for litigation expenses.

 

8.             The arguments on the complaint were heard on 04.08.2017 and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.

Pronounced

Dated:-11.08.2017

(A.P.S.Rajput)  

     President

 

 

(Inder Jit)

Member