Chandigarh

DF-I

CC/622/2015

Rajinder Singh - Complainant(s)

Versus

Gionee Syntech Technology Pvt. Ltd. - Opp.Party(s)

In person

10 Mar 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

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Consumer Complaint No.	:	CC/622/2015
Date of Institution	:	15/09/2015
Date of Decision	:	10/03/2016

 

 

Rajinder Singh son of Shri Chhotu Ram, resident of House No.250, Second Floor, Sector 55, U.T., Chandigarh.

…..Complainant

V E R S U S

1.     Gionee Syntech Technology Pvt. Limited, E-9, Block No.B-1, Ground Floor, Mohan Cooperative Industrial Estate, Mathura Road, New Delhi 110044.

2.     R.V. Solutions Private Limited c/o Alfa Infotech, Shop No.2068/1-2, Village Burail, Sector 45-A, Chandigarh through its Authorised representative.

3.     Anmol Watches & Electronics (P) Ltd., SCO 1012-1013, Sector 22-B, Chandigarh through its Proprietor/ Partner/Director.

 

……Opposite Parties

 

QUORUM:	MRS.SURJEET KAUR	PRESIDING MEMBER
	SURESH KUMAR SARDANA	MEMBER

                                       

 

                                                               

ARGUED BY	:	Complainant in person
	:	OPs exparte.

                         

PER SURJEET KAUR, PRESIDING MEMBER

1.         Sh. Rajinder Singh, complainant has filed this consumer complaint under Section 12 of the Consumer Protection Act, 1986, against Gione Syntech Technology Pvt. Limited and others, Opposite Parties (hereinafter called the OPs), alleging that on 21.2.2014 he purchased one Gionee mobile handset (Model No.E-7) from OP-3 for Rs.25,350/- vide bill (Annexure C-1). After 7-8 months, the handset of the complainant fell down and its front screen/LCD broke down. The complainant went to OP-2 and job card dated 19.1.2015 (Annexure C-2) was prepared and was told that the same would be returned after due repair/replacement of parts within 7 days.  However, OP-2 failed to do so despite visits by the complainant and gave the delivery of the handset after a period of more than 1 ½ months and the complainant was charged Rs.6,345.17 plus Rs.224/- on account of repair of the mobile hand set by M/s Alpha Infotech (authorised service provider of OP-1). The complainant was told that the warranty of LCD/display was of 6 months.  However, the handset again started giving the same problem of LCD/display screen and the complainant again approached OP-2 on 20.5.2015 and job sheet (Annexure C-5) was prepared.  The complainant has averred that though the same was within warranty period, OPs on 20.5.2015 demanded Rs.224/- and he also received messages (Annexure C-6 colly.) that he had to pay Rs.6,807.32 and taxes. The complainant raised his grievance with OP-1 and wrote email dated 7.6.2015 but it vide email dated 8.6.2015 refused to give any warranty.  Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the OPs, the complainant has filed the instant complaint.
2.         OP-1 did not appear despite due service, therefore, it was proceeded ex-parte vide order dated 12.11.2015.
3.         Pursuant to the notice issued, Sh. Gautam Kumar Gupta, Service Executive appeared on behalf of OP-2 on 22.12.2015 and the case was adjourned for filing reply and evidence on its behalf. However, on 22.1.2016 neither reply and evidence was filed nor anybody appeared on behalf of OP-2, therefore, it was also proceeded ex-parte.
4.         OP-3 did not appear despite due service, therefore, it was proceeded ex-parte vide order dated 22.12.2015.
5.         The complainant led evidence in support of his contentions. 
6.         We have gone through the record and heard the arguments addressed by the complainant in person.
7.         The ex-parte evidence of the complainant shows that he purchased one Gionee mobile handset from OP-3 for Rs.25,350/- vide bill dated 21.2.2014 (Annexure C-1).  As per the job sheet dated 19.1.2015 (Annexure C-2), the fault reported by the customer was “touch display damaged” and symptoms were “front cover damage”.  As per the case of the complainant, OP-1 repaired the same by keeping the same for 1 ½ months and charged Rs.6,345.17 and an amount of Rs.224/- on account of repair of the mobile handset.  However, same kind of problem appeared in the handset as per the job sheet dated 20.5.2015 and the OP again demanded Rs.224/-. As per Annexure C-5, the complaint reported was “sometimes display lining problem, LCD black block/LCD change colour” and the condition of the set was mentioned as “good”.
8.         Pertinently, the OPs chose not to appear before this Forum and were proceeded ex-parte. Therefore, the evidence produced by the complainant has gone unrebutted.
9.         A perusal of the messages Annexure C-6 (colly.) and emails Annexure C-7 (colly.) makes it evident that OPs after keeping the handset in their custody for necessary repairs kept on increasing the time of delivery and did not give its delivery to the complainant with an intention to grab money on account of LCD replacement.  Therefore, the act of OPs in non-repairing the handset and keeping the same in their possession and very importantly non-appearing during the proceedings of the present case points out towards deficiency in service and unfair trade practice on their part which certainly caused mental and physical harassment to the complainant.
10.         In view of the above discussion, we are of the opinion that the present complaint deserves to succeed. The same is accordingly partly allowed. The OPs are directed as under :-

(i)     To repair the mobile handset in question of the complainant to his entire satisfaction without charging anything from him by treating the same to be under warranty period.

(ii)    To pay Rs.7,000/- as compensation for mental agony and harassment caused to the complainant;

(iii)   To pay Rs.5,000/- as costs of litigation to the complainant. 

11.         This order be complied with by the OPs within one month from the date of receipt of its certified copy, failing which they shall make the payment of the amount mentioned at Sr.No.(ii) above, with interest @ 12% per annum from the date of filing of the present complaint till realization, apart from compliance of directions at Sr.No.(i) & (iii) above.
12.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-
10/03/2016	[Suresh Kumar Sardana]	[Surjeet Kaur]
hg	Member	Presiding Member