DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

PATIALA.

                                      Consumer Complaint No. 263  of 5.11.2015

                                      Decided on:     19.7.2017

Gurpreet Singh son of Mohinder Singh, resident of village Rakhra, Tehsil & District Patiala.

                                                                   …………...Complainant

                                      Versus

Happy Telecom, Near Khanna Gun House, Nabha-147201, through its Prop.

                                                                   …………Opposite Party

                                      Complaint under Section 12 of the

                                      Consumer Protection Act, 1986.

QUORUM

                                      Smt. Neena Sandhu, President

                                      Smt. Neelam Gupta, Member                              

ARGUED BY:

                                      Sh.Asheen Khan,Advocate,counsel for complainant.

                                      Sh.Harjinder Singh,Advocate, counsel for opposite party.

 ORDER

                                    SMT.NEELAM  GUPTA,  MEMBER

1. The complainant purchased one mobile phone make Samsung, Core-2, having IMEI No.356894/06/924502 vide invoice No.4185 dated 27.5.2015 on installments from the OP. It is averred that when the complainant used the said mobile phone, the complainant’s co-villagers enquired from him regarding the purchase of the said mobile phone from the OP, then it was disclosed by the co-villagers of the complainant that the said mobile phone was defective  and it was previously sold to some other person and the OP had sold the same to the complainant. In order to confirm any defect in the mobile phone, the complainant approached the Samsung Service Centre at Nabha and he came to know that the said mobile phone was already in use since 15.5.2015 as a SIM of Reliance company was inserted in the said mobile phone on 15.5.2015.It is further averred that instead of giving a new mobile phone the OP sold a second hand mobile phone to the complainant, which amounted to unfair trade practice on the part of the OP.The complainant suffered mentally as well as physically. He also got served a legal notice to the OP on 19.9.2015 but to no use. Ultimately, he approached the Forum under Section 12 of the Consumer Protection Act(for short the Act),1986.
2. On notice, OP appeared through counsel and filed the reply to the complaint. The only plea taken by the OP is that it is merely a seller and the warranty if any is always given by the company and as such the company is liable for the same. After denying all other allegations made in the complaint, it was prayed to dismiss the complaint.
3. In support of the complaint, the ld. counsel for the complainant has tendered in evidence Ex.CA affidavit of the complainant alongwith documents Exs.C1 to C4 and closed the evidence.
4. The ld. counsel for the OP has tendered in evidence Ex.OPA, sworn affidavit of Sh.Harsh Bansal, Prop. of Happy Telecom and closed the evidence.
5. We have heard the ld. counsel for the parties and have also gone through the record of the case, carefully.
6. Ex.C1 is the copy of the invoice vide which the complainant purchased one mobile phone from the OP on 27.5.2015 for an amount of Rs.7000/. Ex.C2 is the job sheet showing the serial/IMEI No.RZ1FCODMJWJ 356894/06/9245021 and the purchase date of the mobile phone as 15.5.2015 showing thereby that the said mobile phone was for the 1^st time activated on 15.5.2015.Today, during the course of arguments also, the ld. counsel for the OP argued that it had sold the new mobile phone but the ld. counsel for the complainant produced the mobile phone in question in the court. It was observed that the IMEI number written on the mobile phone of the complainant and the IMEI number mentioned in the job sheet are the same i.e. RZ1FCODMJWJ 356894/06/9245021.Whereas the date of purchase on the invoice was 27.5.2015 and on the job sheet15.5.2015, showing thereby that the OP had sold an already used set to the complainant which amounted to unfair trade practice on its part.
7. As an upshot of aforesaid discussion, we accept the complaint of the complainant with a direction to the OP to refund the amount of Rs.7000/-i.e. the price of the mobile phone to the complainant. The Op is further directed to pay a sum of Rs.4000/-as compensation for the harassment undergone by the complainant alongwith a sum of Rs.3000/-as litigation expenses. Order be complied by the OP within a period of 30 days from the date of the receipt of the copy of this order. Copies of the order be sent to the parties free of cost under the Rules.Thereafter, file be indexed and consigned to the record Room.

ANNOUNCED

DATED: 19.7.2017               

                                                                   NEENA SANDHU

                                                                       PRESIDENT

                                                                   NEELAM GUPTA

                                                                         MEMBER