| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PATIALA. Consumer Complaint No. 243 of 22.10.2020 Decided on: 16.1.2023 Bharat Bhushan aged 47 years son of Sh.Maan Chand, resident of H.No.190, Street No.01, Gurbax Colony, Patiala. …………...Complainant Versus Dixon Electronics, Ground Floor near Flyover Hotel, Factory Area, Patiala through its Authorized Signatory/Representative. …………Opposite Party Complaint under the Consumer Protection Act QUORUM Sh. S.K.Aggarwal, President Sh.G.S.Nagi,Member ARGUED BY Sh.Sandip Dhawan, counsel for complainant. Opposite party ex-parte. ORDER S.K.AGGARWAL,PRESIDENT - The instant complaint is filed by Bharat Bhushan S/o Maan Chand (hereinafter referred to as the complainant) against Dixon Electronics (hereinafter referred to as the OP/s) under the Consumer Protection Act ( for short the Act).
- It is averred that complainant purchased mobile phone model SM—N950FZDDINS having Sr. No.RZ8J829FZ6P vide invoice No.4302553030, for a sum of Rs.67900/-from the dealer of the OP. It is further averred that on 18.5.2020 screen of the aforesaid mobile phone was broken and complainant visited the service centre i.e. OP for the repair of the same. The OP repaired the mobile set and received Rs.19,992/- from the complainant regarding change of screen display etc. and delivered the hand set on 23.5.2020 and also extended the warranty for three months.
- It is further averred that on 22.8.2020, there was some problem occurred in the display of the mobile phone in question. Complainant visited the service centre of the OP. But the shop was closed due to Lockdown of Covid-19 being Saturday and on the next day on 23.8.2020, there being Sunday. On 24.8.2020 and 25.8.2020, the complainant could not visit the service centre due to Covid-19’s instructions/guidelines of the Punjab Govt. Thereafter, on 26.8.2020, complainant again visited the service centre of the OP, for repair of the aforesaid mobile phone, when the employee of the OP told that warranty period has been elapsed by one day. Complainant requested them that he had been continuously visiting them but due to Covid-19 and Punjab Govt. Guidelines, shop was closed. At this, employee of OP received mobile phone for repair and issued receipt in this regard to the complainant but till date the mobile phone was not repaired and is in possession of the OP. The complainant wrote letter through e-mail to the Samsung Company on 26.8.2020 and made repeated calls to the OP for repair of the mobile phone but they refused to repair the same. The complainant also got issued legal notice dated 8.9.2020 upon the OP but of no avail. This act and conduct of the OP amounts to deficiency in service as well as unfair trade practice on its part, which caused mental agony and harassment to the complainant. Consequently, prayer has thus, been made for acceptance of the complaint.
- Notice of the complaint was duly served upon the OP but it failed to appear and was accordingly proceeded against ex-parte vide order dated 27.1.2021.
- In exparte evidence, ld. counsel in order to prove the case tendered in evidence Ex.CA affidavit of the complainant alongwith documents, Ex.C1 copy of invoice dated 23.5.2020 (two pages), copy of receipt,Ex.C2, copy of letter sent through e-mail,Ex.C3, copy of legal notice dated 8.9.2020,Ex.C4, original postal receipt dated 8.9.2020,Ex.C5 and has closed the evidence.
- We have heard the ld. counsel for the complainant and have also gone through the record of the case, carefully.
- The claim sought for by the complainant is that the OP may be directed to deliver the mobile phone in question after repair alongwith compensation and costs of the complaint.
- Admittedly, complainant got repaired mobile hand set in question from OP and paid Rs.19,992/- vide invoice dated 23.5.2020,Ex.C1.The OP also extended the warranty of the hand set in question for three months from the date of part replacement as is evident from the receipt, attached with invoice,Ex.C1.However, on 22.8.2020 some problem again occurred in the display of the mobile hand set. Complainant visited the service centre to get the mobile set in question repaired But due to waive of Covid-19s and instructions/guidelines of Govt., the service centre was closed and the complainant could only hand over the mobile set for repair on 26.8.2020, vide Ex.C2 but the service centre refused to repair the hand set being out of warranty. The complainant also e-mailed (Ex.C3) to the OP to do the needful and resolve the problem as soon as possible. The complainant also placed on record legal notice dated 8.9.2020,Ex.C4 served upon the OP through registered post, in support of his contention. The plea of the complainant that there was waive of Covid-19 and shops were closed & therefore, he could not submit the mobile phone in question for repair on 22.8.2020, when he visited service centre of OP, cannot be denied. Moreover, the version put forth by the complainant goes un-rebutted and un-challenged on the record as the OP chose not to appear and to contest the case of the complainant. Therefore, there is no reason or occasion to discard the version and assertion of the complainant.
- In view of our aforesaid discussion, the complaint is partly allowed and the OP is directed to repair the mobile set in question free of cost to the satisfaction of the complainant and deliver the same to the complainant against proper receipt . The OP is also directed to pay Rs.3000/- as compensation for causing mental agony and harassment to the complainant. Compliance of the order be made by the OP within 30 days from the date of the receipt of copy of this order.
- The instant complaint could not be disposed of within stipulated period due to heavy rush of work, Covid protocol and for want of Quorum from long time.
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G.S.Nagi S.K.AGGARWAL Member President | |
