BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.412 of 2014

Date of Instt. 21.11.2014

Date of Decision :04.05.2015

Munish Kumar @ Vikas son of Madan Lal C/o Gudwill Telecom, Rama Mandi, Near Krishna Sweet Shop, Jalandhar.

..........Complainant

Versus

Harsehaj Communications, Plot No.172, Aristocrate Market, 2nd Floor, Vijay Nagar, Near Bhutani Hospital, Jalandhar.

.........Opposite party

Complaint Under Section 12 of the Consumer Protection Act,1986.

Before: S. Jaspal Singh Bhatia (President)

Ms. Jyotsna Thatai (Member)

Sh.Parminder Sharma (Member)

Present: Sh.Shekhar Prabhakar Adv., counsel for complainant.

Sh.Vishal Chaudhary Adv., counsel for opposite party.

Order

J.S Bhatia (President)

1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act, 1986, against the opposite party on the averments that the opposite party is an authorized service centre of Karbon India Mobile Company and was having its service centre at Central Town, Jalandahr when the complainant had given his mobile for repair but now the service centre has been shifted on the address stated above. The complainant had purchased a mobile phone of bearing model No.A-6 Karbonn IMEI No.9113041561137 42/759 on 27.11.2013. The complainant had given his mobile to opposite party for service as the said phone had some battery/charging problem which was under warranty and the opposite party issued the job sheet No.782/5146 dated 20.3.2014 to him. The opposite party had assured the complainant to repair the phone within a week. On assurance of the opposite party the complainant waited for a week but when the complainant visited at the opposite party service centre after a week to get back his phone, the opposite party told to him that phone could not be repaired and sought one more week to repair the same. As such the complainant made several representations to opposite party to get back his phone but of no avail and the reply of the opposite party was same that the phone could not be repaired, the opposite party kept the complainant dilly-delaying on one pretext or the other. As such till date 8 months have elapsed but the opposite party has failed to repair the phone of the complainant despite repeated visits by him. On such like averments, the complainant has prayed for directing the opposite party to pay Rs.12,500/-as compensation.

2. Upon notice, opposite parties appeared and filed a written reply, inter-alia, pleading that as per the information and record with the opposite party, the complainant has purchased the handset on 27.11.2013 and from that date the handset was working properly and there was no fault in the handset. On 20.3.2014, the complainant visited the opposite party and told him that there was problem of charging in the handset and the opposite party booked the handset of the complainant and repaired the handset but the complainant never turned up to receive the handset till August 2014 and on 22.8.2014, after making several calls to the complainant, the complainant visited the office of opposite party and received the handset and till today the handset is working properly and the complainant in order to fulfill his in-genuine and unreasonable demand, filed the present complaint and only on this score the present complaint is liable to be dismissed with heavy costs. It denied other material averments of the complainant.

3. In support of his complaint, learned counsel for the complainant has tendered into evidence affidavit Ex.CW1/A alongwith copies of documents Ex.C1 and closed evidence

4. On the other hand, learned counsel for opposite party has tendered affidavit Ex.OP/A and evidence of opposite party closed by order.

5. We have carefully gone through the record and also heard the learned counsels for the parties.

6. It is not disputed that the complainant has given his mobile phone to the opposite party for repair during the warranty period. Ex.C1 is job sheet issued by the opposite party service centre. The grievance of the complainant is that the opposite party has not returned the mobile handset after necessary repairs inspite of repeated visits. The job sheet is dated 20.3.2014. In its written reply as well as affidavit Ex.OP/A of Sh.Bharpreet Singh authorized representative of opposite party, the version of the opposite party is that on 20.3.2014, the complainant visited the opposite party and told him that there was problem of charging in the handset and the opposite party booked the handset of the complainant and repaired the handset but the complainant never turned up to receive the handset till August 2014 and on 22.8.2014, after making several calls to the complainant, the complainant visited the office of opposite party and received the handset and till day the handset is working properly. Although in its written reply and above affidavit Ex.OP/A, the opposite party has stated that the handset was received by the complainant but at the time of arguments learned counsel for the opposite party admitted that the handset is still lying with the service centre and inadvertently it has wrongly been mentioned that the complainant received the handset. The present complaint was filed on 20.11.2014. The opposite party has not shown if it ever sent any notice to the complainant to the effect that his mobile handset is lying in repaired condition and he may receive the same. The opposite party has come up with the above version that the handset is lying in repaired condition and till date it is working properly for the first time in its written reply which was filed on 2.3.2015.

7. So in the above circumstances, the present complaint is accepted and opposite party is directed to give the mobile handset of the complainant in fully repaired condition within one week from the date of receipt of copy of this order and in case the same has not been repaired by it so far then to refund its price to him. The complainant is also awarded Rs.3000/- in lump sum on account of compensation and litigation expenses. Copies of the order be sent to the parties free of costs under rules. File be consigned to the record room.

Dated Parminder Sharma Jyotsna Thatai Jaspal Singh Bhatia

04.05.2015 Member Member President