Chandigarh

DF-I

CC/565/2017

Mr. Sandeep Mishra - Complainant(s)

Versus

Director (YU Televentures) Micromax Informatics Ltd. - Opp.Party(s)

In Person

10 Nov 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

 

 

                               

Consumer Complaint No.	:	CC/565/2017
Date of Institution	:	31/07/2017
Date of Decision	:	10/11/2017

 

Mr. Sandeep Mishra s/o Shri Chait Ram Mishra resident of Village Kansal, Shiv Mandir, Near E-Sampark Kansal, Tehsil Kharar, District S.A.S. Nagar.

…..Complainant

V E R S U S

1.     Director (YU Televentures) Micromax Informatics Ltd., Micromax House 90B, Sector 18, Gurgaon PIN 122015.

2.     Abacus Systems, SCO No.54, 1^st Floor, Near Post Office, Sector 30-C, Chandigarh, PIN 160030 through its Manager.

……Opposite Parties

 

CORAM :	MRS.SURJEET KAUR	PRESIDING MEMBER
	SHRI SURESH KUMAR SARDANA	MEMBER

                                                                       

 

ARGUED BY	:	Complainant in person.
	:	OPs ex-parte.

 

Per Surjeet Kaur, Presiding Member

1.         The facts of the consumer complaint, in brief, are that on 20.10.2016, the complainant purchased a mobile phone Model YU 5530 from M/s Anmol Watches and Electronic (P) Ltd., Chandigarh for Rs.12,550/-. After 4-5 months, the said handset started creating problems. The complainant contacted OP-2 on 5.7.2017 and he was told to leave the handset.  Thereafter the complainant visited the service centre many times, but, he was not returned the handset after repair. Alleging that the aforesaid act amounts to deficiency in service and unfair trade practice on the part of OPs, the complainant has filed the instant complaint.
2.         OPs did not appear despite due service, therefore, vide order dated 21.9.2017 they were proceeded ex-parte.
3.         The complainant led evidence in support of his contentions. 
4.         We have gone through the record and heard the arguments addressed by the complainant in person.
5.         The case of the complainant is that he purchased a Micromax (YU5530 YUNICORN Gold Rush 9) mobile handset for Rs.12,550/- from M/s Anmol Watches & Electronics (P) Ltd. and Annexure C-1 is the copy of the retail invoice dated 20.10.2016 of the same. As per the complainant, the handset in question became defective after 4-5 months and started creating problems/fault “charging and no battery charge” and, therefore, the same was submitted with OP-2 for the necessary repairs. Annexure C-2 is a copy of the job sheet dated 5.7.2017 in this regard.  It has been alleged that despite visiting the service centre many times, neither the handset in question has been repaired nor the same has been returned to the complainant till date.
6.         OPs did not appear to contest the claim of the complainant and preferred to proceed against ex-parte.  This act of the OPs draws an adverse inference against them.  The non-appearance of the OPs shows that they have nothing to say in their defence against the allegations made by the complainant.  Therefore, the assertions of the complainant go unrebutted and uncontroverted. 
7.         A perusal of the job sheet (annexed at page 8 of the paper book) clearly reveals that the handset became defective within the warranty period, but, as the same has neither been repaired nor returned by the OPs to the complainant, despite lapse of a long time, it points out that they indulged in unfair trade practice which certainly caused mental and physical harassment to the complainant. The acts of the OPs in non-providing proper services within the warranty period, retaining the handset in their possession, till date, and forcing the complainant first to visit the service centre and then to knock the doors of this Forum, certainly amounts to deficiency in service on their part.
8.         In view of the above discussion, the present consumer complaint deserves to succeed and the same is accordingly partly allowed. The OPs are directed as under:-

1. To immediately refund the invoice value of the mobile handset i.e. Rs.12,550/- to the complainant.
2. To pay Rs.5,000/- to the complainant as compensation for mental agony and harassment caused to him;
3. To pay to the complainant Rs.5,000/- as costs of litigation.

9.         This order be complied with by the OPs within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 9% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
10.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-
10/11/2017	[Suresh Kumar Sardana]	[Surjeet Kaur]
hg	Member	Presiding Member