BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Complaint no. 80 of 2016
Date of Institution: 17.3.2016
Date of Decision: 02.11.2016
Raj Kumar son of Shri Dhanna Ram, resident of vill. Shekhupuria, Tehsil and Distt. Sirsa.
………Complainant.
Versus
- Happy Mobile Junction, Shiv Chowk, Sirsa, Tehsil and Distt. Sirsa through its Incharge/ Prop./ Authorized person.
- Intex Care Centre, behind LIC Building, Old Civil Hospital, Market, Sirsa.
- Intex Mobile, Intex Technology India Limited, D/18/2, Okhla Industrial Area, Phase-II, New Delhi.
……… Opposite parties.
Complaint under Section 12 of the Consumer Protection Act, 1986.
Before: SHRI S.B.LOHIA…………………PRESIDENT
SHRI RANBIR SINGH PANGHAL ……MEMBER.
Present: Smt. Balbir Kaur, Advocate for complainant.
Opposite party no.1exparte.
Sh. Sandeep Kumar, Proprietor on behalf of opposite parties No.2 & 3.
ORDER
In brief, case of complainant is that he had purchased one mobile of Intex company model Intex Qua speed from opposite party no.1 on 20.10.2015 for an amount of Rs.7600/- with one year warranty. After the short time of its purchase, there occurred problem of hanging and automatic off and on upon which he approached op no.1 who kept the mobile set with him with the assurance of replacement of the mobile. Thereafter, op no.1 handed over the same mobile to the complainant after changing its battery and stated that there was battery problem. However, the mobile again started creating the problem of hanging and automatically off and on upon which complainant again approached the op no.1 who after checking the mobile forwarded the complainant to op no.2. The op no.2 kept the mobile vide job sheet No.719 and asked the complainant to visit on 3.2.2016 and assured for the replacement of the mobile. The complainant visited the op no.2 time and again but op no.2 always put off the matter by saying that process of replacement is pending and assured that on 3.2.2016 the mobile set would be definitely replaced. The complainant took the number of rounds to the ops for redressal of his grievance, but to no effect and ultimately two days back, the op no.2 handed over the mobile set as it is to the complainant and with dishonest intention kept the job sheet with it. The complainant has suffered financial loss as well as mental harassment due to the act and conduct of the opposite parties and has to purchase standby set. Hence, this complaint.
2. Opposite party no.1 did not appear despite due service and was proceeded against exparte.
3. Opposite parties No.2 & 3 appeared and filed written statement wherein it has been submitted that complainant visited to the answering ops and they assured him to get repaired the mobile otherwise to get replaced the same with new one. Now they are ready to get replaced the mobile with new one with same descriptions. Remaining contents of the complaint have been denied.
4. The complainant has tendered in evidence his affidavit Ex.PW1/A and copy of bill Ex.C1.
5. Today Sh. Sandeep Kumar, Prop. on behalf of ops no.2 & 3 has made a statement that written statement filed by them be read in their evidence. He has also made a separate statement that they are ready to replace the mobile of the complainant with new one of same description.
6. We have heard learned counsel for complainant and Proprietor on behalf of ops No.2 & 3 and have perused the case file carefully.
7. Keeping in view the said statement of Sh. Sandeep Kumar, Proprietor on behalf of opposite parties No.2 & 3 as well as their written statement, the opposite parties No.2 & 3 are directed to replace the mobile of the complainant with new one of same price and description or to refund the price of the mobile i.e. Rs.7600/- to the complainant within a period of 15 days from the date of receipt of copy of this order. However, no case for any compensation to the complainant is made out. The present complaint stands disposed of accordingly. Copy of this order be supplied to the parties free of costs. File be consigned to record room.
Announced in open Forum. President,
Dated:02.11.2016 Member. District Consumer Disputes
Redressal Forum, Sirsa.
