DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,<br /> BATHINDA (PUNJAB)<br /> <br /> C.C. No. 139 of 26-06-2009 Decided on : 01-09-2009<br /> <br /> Harinder Singh Dhanoa S/o Nirmal Singh Dhanoa V.P.O. Pearon, Tehsil and District Bathidna. <br /> .... Complainant<br /> Versus<br /> 1.Dewan Sons (Sony Ericsson Advantage Store) 2026, The Mall, Bathinda through its Prop.<br /> 2.Allied Communications, Authorised Service Centre of Sony Ericsson, Shop No. 11, Ist Floor, Shakti Complex, Bathinda.<br /> 3.Salora International Ltd., 13/4-D, Phase-2 , Okhla Industrial Area, New Delhi through its Managing Director/Authorised Chair Person.<br /> <br /> ..... Opposite parties<br /> <br /> Complaint under section 12 of the Consumer Protection Act, 1986<br /> <br /> QUORUM:-<br /> Sh. George, President <br /> Sh. Amarjeet Paul, Member<br /> <br /> For the complainant : Sh. G.S. Sidhu, counsel for the complainant<br /> For the opposite parties : Sh. Ashwani Kumar, Proprietor of opposite party No. 2 in person.<br /> Opposite parties No. 1 & 3 already exparte.<br /> <br /> O R D E R.<br /> <br /> GEORGE, PRESIDENT<br /> <br /> 1. Briefly stated, the case of the complainant is that he purchased one mobile hand set Model T-700 I IMEI No. 357746020232069 of Sony from opposite party No. 1 vide bill No. 2923 dated 10-11-2008 for a consideration of Rs. 12,000/-. At the time of purchase, the opposite party No. 1 gave guarantee/warranty of one year against the said set and told to him that in case of any defect during warranty period, the set will be replaced with a new one or repaired the same free of cost. After four months of the purchase of mobile hand set, it started giving problems of 'No Ringer Sound, SYS. CON. Dirty' and he approached opposite parties No. 1 &2 many times but the opposite parties returned the hand set to him in same condition by saying that it is 'OK'. On 9-4-09, he again approached opposite party No. 2 and disclosed the same defects and opposite party No. 2 issued Job Sheet bearing No. 10517 to this effect. The opposite party No. 2 neither returned his mobile hand set till the date of filing of this complaint duly repaired nor replaced the same. He asserts that since the mobile hand set was under guarantee period, he did not approach to any other repairer except the opposite parties. He alleges that despite his repeated requests, his mobile hand set was not returned to him, and thus, he has suffered mental tension, agony, harassment and inconvenience. Hence, this complaint for issuing directions to the opposite parties to replace his mobile set with a new one with further warranty/guarantee or in the alternative to refund its price alongwith interest @18% P.A. besides compensation to the tune of Rs. 20,000/-.<br /> 2. Notice of the complaint were sent to the opposite parties but despite service, opposite parties No. 1 & 3 did not appear and as such, exparte proceedings were taken against them. However, written submission of opposite party No. 3 was received by post wherein it has been pleaded that opposite party No. 3 has discontinued its function as Sony Ericsson Global Service Partner w.e.f. 12th June, 2009.<br /> 3. Opposite party No. 2 filed written version and contested the complaint by taking legal objections that the complainant has no locus standi or cause of action; complaint is not maintainable; the complainant has not approached this Forum with clean hands; the complaint is bad for non-joinder of necessary parties and it is false and frivolous. It has been stated that the delay in repair of the mobile hand set was due to non-availability of spare parts of the mobile hand set from Sony Erricson company and the set could not be repaired before 20-07-09 and there is no manufacturing defect in the mobile hand set. It has been pleaded that after repair of mobile hand set, the complainant was intimated through registered letter dated 20-07-09 to collect the set, but he did not turn up.<br /> 4. In support of his averments contained in the complainant, the complainant has produced in evidence his affidavit Ex. C-1, photocopy of retail Invoice Ex. C-2 and photocopy of Job Card Ex. C-3.<br /> 5. In rebuttal, opposite party No. 2 produced on record affidavit Ex. R-1 of Sh. Ashwani Garg, Proprietor, photocopy of E. Mail Ex. R-2, photocopy of Job Sheet Ex. R-3, photocopy of letter dated 20-07-09 Ex. R-4 and photocopy of postal receipt Ex. R-5.<br /> 6. We have heard learned counsel for the complainant and opposite party No. 2 and have gone through the entire record of the case.<br /> 7. From the evidence available on record i.e. affidavit Ex. C-1 of the complainant and Job Sheet Ex. C-3 and Ex. R-3, it reveals that the hand set was taken to opposite party No. 2 on 09-04-2009 for repair and it was retained with defect “NO RINGER SOUND,SYS.CON.DIRTY”. According to the reply filed by opposite party No. 2, he admitted that hand set was handed over to him by the complainant on 9.4.09 but repair could not be completed as the parts required for repair were not available with opposite party No. 2 for proper repair of the hand set and for that reason, the hand set in question was repaired thereafter and the complainant was informed about the same vide registered letter dated 20-7-09 meaning thereby that the assertion of the complainant that hand set was handed over to opposite party No. 2 as per job card Ex. C-3 on 9-4-09 and thereafter he continued to visit opposite party No. 2 for the return of his hand set duly repaired but it was not repaired and returned to him. It has been admitted by opposite party No. 2 in his reply that the mobile hand set could not be repaired before 20-07-09. The mobile hand set was retained by opposite party No. 2 for such a long period of about 3-1/2 months without repairing the same which itself amounts to deficiency in service. The ground taken by opposite party No. 2 in his reply for delay in repairing the hand set that the parts were not available with him and therefore, the delay was caused, is not a satisfactory answer. If he is an authorised service centre of opposite parties No. 1, he is supposed to have all the essential and required parts of such hand sets of the company with him. The mobile hand set is not only for professional but also for an ordinary person is a requirement of daily use and its non-availability with a person who has spent approximately an amount of Rs. 12,000/- definitely is a case of mental tension, harassment and inconvenience. From the reply of opposite party No. 2 it gathers that hand set was repaired after receiving notice of this complaint from this Forum. Thus, the stand taken by opposite party No. 2 that the hand set has been repaired and is ready for delivery, appears to be no solution of the problem and under the circumstances it will be appropriate relief for the complainant that the opposite parties be directed either to replace his mobile hand set or refund its price with interest alongwith compensation and costs. Since opposite party No. 3 has stated in its reply that it has discontinued its function as Sony Ericsson Global Service Partner w.e.f. 12th June, 09, no direction can be given against opposite party No. 3. <br /> 8. No other point was urged before us at the time of arguments.<br /> 9. In the result, the complaint is accepted against opposite parties 1 & 2 and dismissed qua opposite party No. 3. The opposite party No. 1 is directed either to replace the mobile hand set of the complainant with a new one of the same quality or refund its price alongwith interest 9% P.A. w.e.f. 9-4-09 till the final payment is made and also to pay to him compensation of Rs. 10,000/- and cost to the tune of Rs. 2500/- .<br /> 10. The opposite party No. 2 shall bear 50% amount of the compensation awarded in para No. 9 of order i.e. 5,000/- each shall be paid by both the opposite parties No. 1 & 2. <br /> The compliance of this order be made within 45 days from the date of receipt of copy of this order.<br /> The copy of this order be sent to the parties concerned free of cost and the file be indexed and consigned.<br /> Pronounced :<br /> 01-09-2009 <br /> <br /> (George)<br /> President<br /> <br /> <br /> (Amarjeet Paul)<br /> Member <br /> <br /> <br />