Haryana

Kurukshetra

229/2017

Shishan Dutt - Complainant(s)

Versus

Home shop - Opp.Party(s)

In Person

15 Feb 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KURUKSHETRA.

 

Complaint no.229/17.

Date of instt. 25.10.17. 

                                              Date of Decision: 15.2.18.

 

Shishan Dutt son of Om Parkash, resident of village Garhi Rodan, Post Office Bhor Saidan, Tehsil Pehowa, District Kurukshetra.

                                        ……..Complainant.

                        Vs.

1. Home Shop 18, 7^th Floor, Fc-24, Sector-16A, Film city Noida.
2. Spectular Media Marketing Private Limited 7255, 2^nd Floor, Ajindra Market, Near Shakti Nagar Chowk, New Delhi.
3. Aditya Communication, Shop No.610, Mohan Nagar, Kurukshetra.
4. Micromax Informatics Limited 21/14A, Phase-2, Naraina Industrial Area, Delhi.

..………Opposite parties.

 

Complaint under section 12 of Consumer Protection Act.              

 

 

Before               Sh. G.C. Garg, President.     

Dr. Jawahar Lal Gupta, Member

       

Present:        Complainant in person.

 Ops ex parte.

 

 

ORDER

                                                             

 

                This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Shishan Dutt against Home Shop and others, the opposite parties.

2.            It is stated in the complaint that the complainant had purchased a hand set of Micromax company bearing IMEI No.911507801389372 from Op No.1 against the order dated 15.4.2017 for a sum of Rs.7690/- along with one year warranty. At the time of purchase hand set, the Ops assured that the same is high quality and will work properly and in case of any defect the Ops will remove and rectified within a short period from bringing. To surprise that the hand set was having a lot of defects and problems from the very beginning and it started giving trouble like hanging and net work etc. The complainant calls the customer care of the company but he refused to give any help and asked to contact Ops No.3 & 4. The complainant visited the service center i.e. Op No.3, who kept the hand set and asked for coming after two hours and assured that the problem shall be rectified. The complainant after two hours visited OP No.3 for collecting the hand set but after few days the complainant finds the same problems in the hand set. The complainant visited the OP No.3 on 16.8.2017 and he again asked for coming after two hours and after two hours the complainant visited the service center but he finds that the hand set is not working proper. The complainant requested the Ops many a time to remove the defect but they did not pay any heed. Thus, it amounts to deficiency in service on the part of Ops. Hence, in such like circumstances, the present complaint was moved by the complainant with the prayer to direct the Ops to pay Rs.15,000/- as compensation for mental agony and physical harassment, Rs.10,000/- on account of emotional torture, economical hardship and to pay Rs.7500/- the actual cost paid by the complainant for hand set.

3.             Ops have failed to become present and as such, they were proceeded ex parte vide orders dated 5.12.2017 and 11.1.2018, respectively.  

4.            The complainant has tendered in to evidence his own affidavits as Ex.CW1/A and documents Ex.C1 to C3 and thereafter closed the evidence.

5.             We have heard complainant, in person, and have gone through the record carefully.

6.            From the cash memo Ex.C2, it is made out that the Unit in question was purchased on 15.4.2017 for the sale consideration of Rs.7690/-. From the perusal of Job Sheet Ex.C1 it is clear that the unit became defective on 16.8.2017 i.e. within the warranty/guarantee period. There is no rebuttal to the evidence led by the complainant.  Same is also not assailed by OPs. In these circumstances, the complainant is entitled to get it replaced from Op No.4, who is manufacture of the unit in question.

7.            In view of our above said discussion, the complaint of the complainant is allowed and we direct the OP No.4 to replace the hand set of the complainant with new one of the same model.  The complainant is directed deposit the old hand set along with bill and accessories with the service center of the company. The order; be complied within a period of 60 days, failing which penal action under Section 27 of the Consumer Protection Act, 1986 would be initiated against the opposite party No.4.  File be consigned to record after due compliance.  Copy of this order be communicated to the parties.  

Announced:

Dated :15.2.2018                              (G.C.Garg)

                                                  President,

                                        District Consumer Disputes

                                       Redressal Forum, Kurukshetra.

 

 

       

(Dr. Jawahar Lal Gupta)                             

Member