BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.23 of 2015

Date of Instt. 27.01.2015

Date of Decision :27.7.2015

Ankush Jethi son of N.K.Jethi R/o WM-200/201 Basti Guzan Jalandhar-144002.

..........Complainant Versus

1. Dealer, Smart Link, SCO-II Babrik Chowk, Basti Sheikh, Jalandhar.

2. Service Centre, Mahendru Telecom, Ensure Support Service India Limited 2nd Floor, Monika Tower, Millap Chowk, Jalandhar.

3. Head Office, Reliance Communication Ltd, 3rd Floor, BHQ, DAKC Kopar Khairae, Navi Mumbai, Mumbai-400709.

.........Opposite parties

Complaint Under the Consumer Protection Act.

Before: S. Jaspal Singh Bhatia (President)

Ms. Jyotsna Thatai (Member)

Sh.Parminder Sharma (Member)

Present: Complainant in person.

Sh.Vishal Chaudhary Adv., counsel for OP No.2.

Sh.MS Sachdeva Adv., counsel for OP No.3.

Opposite party No.1 exparte.

Order

J.S.Bhatia (President)

1. The complainant has filed the present complaint under the Consumer Protection Act, against the opposite parties on the averments that on 5.9.2014, he purchased one Reliance ZTE D286 mobile handset, IMEI No.862307029671431, warranty 12 months, manufactured by ZTE Corporation, Imported by Reliance Communication Infrastructure Ltd, from the store of Smart Link, SCO-II, Babrik Chowk, Basti Sheikh, Jalandhar. The mobile handset started creating problem (the mobile handset switching off automatically) on 16.9.2014. The matter was immediately reported to the dealer i.e opposite party No.1. As per his advice the defective mobile handset was handed over to the service centre on 17.9.2014 with work order No.JDR/ZM/14/00042. From 17.9.2014 to till date (its about 4 months) but still his mobile handset is with service centre. He visited service centre as well as dealer several times and also call on customer care number but nobody gave any satisfactorily reply. On such like averments, the complainant has prayed for refund of cost of the mobile handset i.e Rs.2200/-. He has also claimed compensation and litigation expenses.

2. Upon notice opposite parties No.2 and 3 appeared but only opposite party No.2 filed a written reply. Opposite party No.3 did not file any written reply inspite of several opportunities afforded to it and as such it was debarred from filing written reply vide order dated 13.5.2015. In its written reply opposite party No.2, inter-alia, pleaded that the complainant has failed to disclose all the facts before this Forum which if disclosed would have indicated that there is no cause of action in favour of the complainant against the opposite party No.2. The facts narrated by the complainant have been represented in a misleading manner. The opposite party No.2 is only the collection point of ZTE Telecom India Pvt.Ltd, Plot No.15, Sector-4, IMT, Manesar, Gurgaon, Haryana and the duty of the opposite party No.2 is to collect the handset from the customers and further it is the responsibility of the company i.e ZTE Telecom India Pvt.Ltd, to receive the handset from collection point and repair the same and further sent the handset to the collection point i.e opposite party No.2 It is further stated that the complainant has deposited the handset with the opposite party No.2 on 17.9.2014 and said ZTE Telecom has received the handset on the same day from the opposite party No.2 and sent back the handset to opposite party No.2 on 15.12.2014 after the repair of the handset and after that opposite party No.2 contacted the complainant telephonically several times to collect the handset but the complainant has failed to receive the handset from opposite party No.2 and filed the present false and frivolous complaint. ZTE Telecom India Pvt.Ltd, is liable to pay the damages/compensation/ litigation expenses to the complainant. It denied other material averments of the complainant.

3. Upon notice, opposite party No.1 did not appear and as such it was proceeded against exparte.

4. In support of his complaint, complainant has tendered into evidence affidavit Ex.CA alongwith copies of documents Ex.C1 to Ex.C4 and was closed evidence.

5. On the other hand, learned counsel for the opposite party No.2 has tendered affidavit Ex.OPW1/A and evidence of opposite party No.2 closed by order.

6. We have carefully gone through the record and also heard the complainant in person and learned counsel for opposite parties No.2 and 3.

7. The complainant purchased the mobile handset in question from opposite party No.1 for Rs.2200/- vide bill dated 5.9.2014 Ex.C3. According to the complainant on 16.9.2014 i.e just after 10-11 days of purchase of the mobile handset, it developed defect and he deposited the mobile handset with opposite party No.2 vide job sheet Ex.C4. In its written reply, opposite party No.2 has stated that complainant has deposited the handset with it on 17.9.2014 and said ZTE Telecom has received the handset on the same day from it and sent back the handset to it on 15.12.2014 after the repair of the handset and after that it contacted the complainant telephonically several times to collect the handset but the complainant has failed to receive the handset from opposite party No.2 and has filed the present false complaint. Even according to the version of opposite party No.2, the mobile handset was received back after repair after about three months. This inordinate delay in repairing the mobile handset also constitute deficiency in service. According to opposite party No.2, the mobile handset is lying with it in repaired condition.

8. So in the above circumstances, the present complaint is partly accepted and opposite parties No.2 and 3 are directed to deliver the mobile handset in question to the complainant in fully repaired condition without any delay after receipt of copy of this order and in case the mobile handset has not been repaired so far then to refund its price to him. The complainant shall contact to opposite party No.2 to collect the mobile handset in question in fully repaired condition. The complainant is awarded Rs.1000/- in lump sum on account of compensation and litigation expenses. Copies of the order be sent to the parties free of costs under rules. File be consigned to the record room.

Dated Parminder Sharma Jyotsna Thatai Jaspal Singh Bhatia

27.07.2015 Member Member President