| Complaint Case No. CC/17/420 | | ( Date of Filing : 08 Nov 2017 ) |
| | | | 1. Balwinder Singh | | Village Bhadoli, Gujran, Rajpura, Patiala |
| ...........Complainant(s) | |
| Versus | | 1. Future Electronics | | Shop no. 2013, Indra Market, Rajpura, Patiala |
| ............Opp.Party(s) |
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| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PATIALA. Consumer Complaint No. 420 of 8.11.2017 Decided on: 21.2.2018 Balwinder Singh aged 28 years son of S.Joginder Singh resident of village Badholi Gujaran, Tehsil Rajpura, District Patiala. …………...Complainant Versus Future Electronics, shop No.2013, Indra Market, Rajpura Town, Rajpura District Patiala, Pin Code-140401 through its Proprietor Aman Chawala. …………Opposite Party Complaint under Section 12 of the Consumer Protection Act, 1986. QUORUM Smt. Neena Sandhu, President Smt. Neelam Gupta, Member ARGUED BY: Sh.Balwinder Singh, complainant in person. Opposite party ex-parte. ORDER SMT.NEELAM GUPTA, MEMBER - The complainant purchased one mobile phone make Yphoria-5010, having IMEI No.91147605-2013471, vide invoice No.716 dated 25.10.2016 for a sum of Rs.6200/-. It is averred that after a period of two months of the said purchase, the mobile phone stated giving problem of less battery backup, display problem and also the mobile phone used to get heated up at the time of charging. The complainant approached the Op who told him to approach the complaint centre of the company. Accordingly the complainant approached the complaint centre and they told him that the warranty of the mobile phone had elapsed as it had been running much before 25.10.2016, which shows that the Op had cheated the complainant by selling him a second hand mobile phone. The complainant contacted the OP time and gain and requested it either to replace the mobile phone with a new one or to refund the price of the mobile phone but to no use. As a result, the complainant underwent a lot of harassment and finding no alternative, approached this Forum under Section 12 of the Consumer Protection Act(for short the Act),1986.
- On being put to notice, OP appeared through counsel but failed to file written version despite availing many opportunities. Ultimately it was proceeded against exparte.
- On being called to do so, the complainant has tendered in evidence Ex.CA his affidavit alongwith documents Exs.C1 to C3 and closed the evidence.
- We have heard the complainant and have also gone through the record of the case, carefully.
- Ex.C1 is the copy of the invoice whereby the complainant purchased one mobile phone from the OP on 25.10.2016.Ex.C2 is the job sheet dated 10.10.2017 issued by Micromax Informatics Ltd., wherein it is clearly mentioned that the mobile phone in question was activated on 23.11.2015.Thereafter the complainant approached the OP requesting it either the replace the moibile phone with a new one or to refund the price of the mobile phone but the OP did not pay any heed to this request of the complainant. As per Ex.C1, the mobile phone was purchased on 25.10.2016 whereas according to Ex.C2, the mobile phone in question was activated on 23.11.2015 i.e. before the date of purchase. As per the documentary evidence, it is clear that the OP had sold a second hand mobile phone to the complainant, which amounted to unfair trade practice on the part of the OP. After the filing of the present complaint, on 2.1.2018, the OP took the mobile phone of the complainant and assured him that it would replace the mobile phone of the complainant with a new one. Ex.C3 is the document showing the receipt of the mobile phone by the OP on 2.1.2018. Since 2.1.2018, the said mobile phone has been lying with the OP who has neither replaced the mobile phone with a new one nor returned the same to the complainant which amounted to deficiency in service on its part. Moreover, failure on the part of the OP to contest the claim of the complainant shows the indifferent attitude to the OP to redress the grievance of the complainant.
- In view of the aforesaid discussion, we accept the complaint of the complainant with a direction to the Op to refund the amount of Rs.6200/- the same being the price of the mobile phone alongwith a sum of rs.2000/- as compensation for the harassment undergone by the complainant and a sum of rs.2000/- as litigation expenses. Order be complied by the OP within a period of 30 days from the date of the receipt of the certified copies of this order. Certified copies of this order be sent to the parties free of cost under the Rules. Thereafter, file be indexed and consigned to the Record Room.
ANNOUNCED DATED:21.2.2018 NEENA SANDHU PRESIDENT NEELAM GUPTA MEMBER | |
