| ORDER | BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR. Consumer Complaint No. 25 of 2016 Date of Institution: 13-01-2016 Date of Decision: 16-03-2016 Satinder Pal Singh son of Sh.Gurdev Singh, resident of Village: Budha Theh, Tehsil: Baba bakala, Bayas, Amritsar, Punjab. Complainant Versus - M/s. Global World (Authorized Dealer) through its Partner/ Prop/ Manager/ Principal, Shop No.5, Ground Floor, Nehru Shopping Complex, Lawrence Road, Amritsar-143001.
- K.A.Sahni Enterprises (Authorized Service Centre) through its Partner/ Prop/ Manager/ Principal, Shop No. G-10, 2nd Floor, Ganpatti Tower, Lawrence Road, Amritsar, Punjab-143001.
- M.P.S.Telecom Private Limited (Importer) through its Director/ Manager, D-55, First & Second Floor, Okhla Industrial Area, Phase-I, New Delhi-110020 (India)
Opposite Parties Complaint under section 11 and 12 of the Consumer Protection Act, 1986 as amended upto date. Present: For the Complainant: Sh. Sanjeet Singh, Advocate For the Opposite Parties: Exparte. Quorum: Sh.Bhupinder Singh, President Ms.Kulwant Kaur Bajwa, Member Mr.Anoop Sharma, Member Order dictated by: Sh.Bhupinder Singh, President. - Present complaint has been filed by Sh.Satinder Pal Singh under the provisions of the Consumer Protection Act alleging therein that he purchased one Mobile Set Model HTC 826 Dual Sim, Vide IME No.357290062252990 vide Invoice dated 16.7.2015 from Opposite Party No.1 with one year warranty of its free services and repairs. Complainant alleges that within the warranty period and hardly 2½ months after its purchase, said Mobile Set started creating Camera Problem and missing of SIM Tray hand free problem and the same was not working properly. The complainant approached Opposite Party No.2-Authorised Service Centre of Opposite Party No.3-Company on 6.10.2015 and brought to their notice regarding the said problem. Opposite Party No.2 kept the mobile set with them and asked the complainant to come after one week. After seven days, the complainant approached Opposite Party No.2-Authorised Service Centre and they handed over the Mobile Set in question to the complainant and also gave assurance that the Mobile Set will not create such types of problems. But after 1½ months from the date of first job sheet, again the Mobile Set started creating same problem and the complainant again approached Opposite Party No.2-Authorised Service Centre and narrated them the entire problem and then Opposite Party No.2-Authorised Service Centre issued job sheet No.ATQ002-0007482 dated 20.11.2015 and asked the complainant to collect the Mobile Set after ten days. After ten days, the complainant again approached Opposite Party No.2-Authorised Service Centre and at that time, the complainant checked the Mobile Set on the spot and found that the problem was still same and again the complainant dropped the Mobile Set in question with Opposite Party No.2-Authorised Service Centre and Opposite Party No.2-Authorised Service Centre told the complainant that the said problem is not repairable. The complainant then requested Opposite Party No.2-Authorised Service Centre that if the Mobile Set in question is beyond repairable conditions then refund the costs of the Mobile Set, but they refused. Thereafter, the complainant visited the Opposite Party No.2-Authorised Service Centre for more than fifteen times, but every time Opposite Party No.2-Authorised Service Centre made one excuse or the other without any baseless grounds. Since 20.11.2015 till date, the Mobile Set in question is lying with Opposite Party No.2-Authorised Service Centre. Alleging the same to be deficiency in service, complaint was filed seeking directions to the Opposite Parties to refund the costs of the Mobile Set alongwith interest there on @ 12% per annum from the date of purchase till its realization. Compensation and litigation expenses were also demanded.
- None appeared on behalf of Opposite Parties, so the Opposite Parties were proceeded against exparte vide order dated 24.2.2016 of this Forum.
- Complainant tendered into evidence his affidavit Ex.C1 alongwith copy of bill Ex.C2 and copy of job sheet Ex.C3 and closed the exparte evidence on behalf of the complainant.
- We have carefully gone through the pleadings 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.
- From the record i.e. averments of the complaint and evidence produced on record by the complainant, it stands fully proved on record that the complainant purchased one Mobile Set Model HTC 826 Dual Sim, with IME No.357290062252990 from Opposite Party No.1 for a sum of Rs.24,500/- vide Invoice dated 16.7.2015 Ex.C2. After 2½ months of purchase, said Mobile Set started creating Camera Problem and missing of SIM Tray hand free problem and the same was not working properly. The complainant approached Opposite Party No.2-Authorised Service Centre of Opposite Party No.3-Company on 6.10.2015 who kept the Mobile Set of the complainant against job sheet. After one week, Opposite Party No.2 returned the Mobile Set to the complainant and they took back the job sheet. However, after 1½ months from the date of first job sheet dated 6.10.2015, same problem occurred in the Mobile Set of the complainant and again the complainant approached Opposite Party No.2-Authorised Service Centre who kept the Mobile Set of the complainant vide job sheet dated 20.11.2015 Ex.C3 and asked the complainant to come after 10 days. After 10 days i.e. on 30.11.2015 the complainant approached Opposite Party No.2-Authorised Service Centre to collect his repaired Mobile Set, but Opposite Party No.2-Authorised Service Centre failed to repair the Mobile Set of the complainant. Since then, Mobile Set of the complainant has been lying with Opposite Party No.2-Authorised Service Centre. Opposite Parties also did not give any standby Mobile Set to the complainant and the complainant had to purchase new Mobile Set. The complainant got recorded his statement in this Forum on 16.3.2016 that he had already purchased new Mobile Set as no standby Mobile Set was given to him by Opposite Party No.2-Authorised Service Centre nor Opposite Party No.2-Authorised Service Centre repaired the Mobile Set of the complainant nor replaced the same with new one. The complainant proved all the averments through his affidavit Ex.C1 and he has also produced on record the bill of the Mobile Set in question Ex.C2 and job sheet dated 20.11.2015 Ex.C3. None appeared on behalf of Opposite Parties despite service to contest the claim of the complainant nor any person from Opposite Parties No.2 and 3 dared to file affidavit to rebut the evidence produced on record by the complainant. So, we have come to the conclusion that the Mobile Set of the complainant was not repairable/ it was beyond repair. This Mobile Set of the complainant has been lying with Opposite Party No.2-Authorised Service Centre since 20.11.2015 as per job sheet Ex.C3, but the Opposite Parties neither repaired this Mobile Set of the complainant nor replaced the same with new one nor given any standby Mobile Set to the complainant and the complainant had to purchase a new Mobile Set. So, in these circumstances, the Opposite Parties No.2 and 3 are liable to refund the amount of the Mobile Set to the complainant.
- Resultantly, we allow the complaint with costs and the Opposite Parties No.2 and 3 are directed to refund the amount of the Mobile Set of the complainant i.e. Rs.24,500/-, within one month from the date of receipt of copy of this order, failing which the Opposite Parties No.2 and 3 shall be liable to pay interest @ 9% per annum on this amount of Rs.24,500/-, from the date of filing of the complaint till the payment is made to the complainant. Opposite Parties No.2 and 3 are also directed to pay to the complainant the litigation expenses to the tune of Rs.1,000/-. Copies of the orders be furnished to the parties free of cost. File is ordered to be consigned to the record room.
Dated: 16-03-2016 (Bhupinder Singh) President hrg (Anoop Sharma) (Kulwant Kaur Bajwa) Member Member | |
