BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Complaint Case no 140 of 2015
Date of Institution: 10.8.2015
Date of Decision: 22.8.2016
Sudhir Arya son of Ram Kumar, r/o Khairpur, distt. Sirsa, tehsil and distt. Sirsa.
………Complainant.
Versus
- M/s Aneja Enterprises, opp. New LIC building, Old civil hospital road, Sirsa.
- Chugh Telecom, Sony Authorized Service Centre, Old MC Market, Sirsa.
- Sony India Pvt. Ltd., A-3, Mohan Co-op. Industries,Estate Mathura road, New Delhi-110044.
……… Opposite parties.
Complaint under Section 12 of the Consumer Protection Act, 1986.
Before: SHRI S.B.LOHIA…………………PRESIDENT
SHRI RANBIR SINGH PANGHAL ……MEMBER.
Present: Complainant in person
Op no.1 Sh.Kapil Aneja in person with Sh. S.K.Puri, Advocate. Opposite parties no.2 and 3 exparte.
ORDER
In brief, case of complainant is that on 14.8.2014 he had purchased one mobile of Sony Experia M2 for the sum of Rs.21490/-from Op no.1 vide bill no. 39124 dt. 14.8.2014 with warranty of one year. After its purchase, there was problem of heating during talking and camera problem. When the complainant approached Op no.1, then op no.1 sent the complainant to Op no.2 for its repair, who got repaired and handed over the same to the complainant. But, after sometime, it again faced same problem. On contact to Op no.2, he returned the same in damaged condition remarking that it cannot be repaired or replaced. Hence, this complaint.
2. On notice, Op no.1 appeared and contested the case by filing reply, whereas Ops no.2 and 3 were proceeded exparte vide order dt.11.1.2016. It is replied by Op no.1 that he is only the dealer of company. The mobile set in question was given to the complainant as per his requirement in a sealed pack and after his full satisfaction. For any defect, there is responsibility of the company, who has set up its care Centres for repair etc. Whereas the matter of Network Signal is concerned , there is problem of various companies for the last one year and every customer is facing this problem. Remaining averments have been denied.
3. By way of evidence, the complainant produced his affidavit Ex. C1, photo copy of bill Ex.C1 and job sheets Ex.C3 and Ex.C4. Whereas, Op no.1 has produced his affidavit Ex.R1.
4. We have heard ld. counsels for parties and have gone through the record carefully.
5. Through the affidavit of complainant Ex.C1 and job sheet on the record as Ex.C3 and Ex.C4, it is clearly established on record that the mobile set was having camera problem and heating problem since very beginning. It is also established on record that the said problem occurred within the guarantee/warranty period. Hence, present complaint stands allowed and Ops are directed to replace the mobile of the complainant with a new one of similar description which shall be free from any defect, within a period of one month, from the date of receipt of copy of this order. Ops are jointly and severally liable to comply this order. Copy of this order be supplied to the parties as per rules. File be consigned to record room.
Announced in open Forum. President,
Dated:22.8.2016. Member. District Consumer Disputes
Redressal Forum, Sirsa.
