THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR
Consumer Complaint No. 503-15
Date of Institution : 13.8.2015
Date of Decision : 19.10.2015
Mr. Daljit Singh S/o Sh,. Jarnail Singh R/o 26, Friends Colony, Near Kapoor Nagar, Sultanwind Road, Amritsar
...Complainant
Vs.
GS Communication, Liberty Market, Railway Link Road, Amrisar through its Prop./Partner/Principal Officer
Perfect Mobile Repair Centre, Simran Plaza, Queens Road, Amritsar through its Prop./Partner/Principal Officer
Intex Technologies India Limited, D-18/2, Okhla Industrial Area Phase II, New Delhi thorugh its Chairman/Mg.Director/Principal Officer
....Opp.parties
Complaint under section 12/13 of the Consumer Protection Act, 1986
Present : For the complainant : Sh. Deepinder Singh,Adv.
For the opposite parties : Ex-parte
Quorum : Sh. Bhupinder Singh, President ,Ms. Kulwant Bajwa,Member
Order dictated by :-
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Bhupinder Singh, President
1 Present complaint has been filed by Daljit Singh under the provisions of the Consumer Protection Act alleging therein that he purchased mobile phone from opposite party No.1 being manufactured by opposite party No.3 vide invoice No. 1934 dated 15.6.2014 for Rs.5200/- with one year warranty. According to the complainant the said mobile phone was having inherent manufacturing defects from the very first day of its purchase and was not giving proper service as was having network losing and hanging problem. Complainant made complaints to opposite party No.2, who changed the components in the first month of the purchase. Complainant has alleged that after few months the mobile set again started giving the same trouble of hanging and network losing. Complainant made complaint to opposite parties No.2 & 3 but they could not set right the mobile phone and opposite party No.2 kept the mobile phone with them and since 24.4.2015 the mobile set was in the possession of opposite party No.2 and they did not make the set functional despite so many requests made by the complainant. Alleging the same to be deficiency in service complaint was filed seeking directions to the opposite parties to rectify the defect in the mobile phone or to replace the same with new one of the same make or equivalent make and model of mobile phone or in the alternative to refund Rs. 5200/- price of the mobile phone
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alongwith interest. Compensation of Rs. 25000/- alongwith litigation expenses were also demanded.
2. Opposite parties did not appear and were proceeded against ex-parte vide order dated 24.9.2015.
3. In ex-parte evidence complainant tendered his affidavit Ex.C-1, copy of bill Ex.C-2, copy of job sheet Ex.C-3.
4. We have carefully gone through the averments of the complainant, arguments advanced by the ld.counsel for the complainant and have appreciated the evidence produced on record by the complainant with the valuable assistance of the ld.counsel for the complainant.
5. From the record i.e.averments of the complainant and the evidence produced on record by the complainant, it stands fully proved on record that complainant purchasded Intex Mobile phone from opposite paty No.1 manufactured by opposite party No.3 vide invoice No. 193 dated 15.6.2014 Ex.C-2 for a sum of Rs. 5200/- with warranty of one year. The complainant submitted and proved on record that the said mobile phone after a few days started giving trouble of network losing and hanging with low battery. The complainant approached opposite party No.2 and opposite party No.2 changed the components in the very first month of the purchase of the mobile set. But the mobile set again started giving same trouble of hanging and network losing. Then again complainant approached opposite party
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No.2 and handed over the mobile set to opposite party No.2 vide job sheet dated 24.4.2015 Ex.C-3. Opposite party No.2 could not repair the said mobile set and the same is still lying with opposite party No.2 and they did not return the same to the complainant after repair.
6. The complainant proved the entire above averments through his affidavit Ex.C-2 and he also proved on record the invoice of the mobile set Ex.C-2 and the job sheet dated 24.4.2015 Ex.C-3. Counsel for the complainant further submitted that the said mobile phone of the complainant contained valuable data stored in it.
7. The case of the complainant remained unrebutted and unchallenged as none appeared on behalf of the opposite parties despite service nor filed any written version to contest the complaint of the complainant nor any person on behalf of opposite parties dared to file any affidavit to rebut the case of the complainant.
8. Resultantly we hold that the mobile set of the complainant is not repairable as it has been lying with opposite party No.2 , authorized service centre since 24.4.2015 and they failed to repair the same and did not return the same to the complainant after repair.
9. Consequently complaint is allowed ex-parte with costs and opposite parties No. 2 & 3 are directed either to replace the mobile set of the complainant with new one of same make and model or to refund the price of the mobile set alongwith interest @ 9% p.a from the date of filing of the complaint till payment is made to the
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complainant. Opposite parties No.2 & 3 are also directed to pay litigation expenses Rs. 1000/- to the complainant. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.
19.10.2015 ( Bhupinder Singh )
President
/R/ ( Kulwant Kaur Bajwa) Member
