Haryana

Ambala

CC/89/2017

Sunil Chopra - Complainant(s)

Versus

HTC India Pvt Ltd. - Opp.Party(s)

15 Feb 2018

ORDER

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                          Complaint case no.        :  89 of 2017

                                                          Date of Institution         :  20.03.2017

                                                          Date of decision   :  15.02.2018

 

Sunil Chopra C/o Maa Durga Industry, Village Khuda Khurd, Jagadhri Road, Ambala Cantt.

     ……. Complainant.

Vs.

 

1.       HTC INDIA Pvt Ltd. Unit No.4, Ground Floor, BPTP Park Centra, NH-8, Sector-30, Gurgaon-122001, Haryana India through its Managing Director.

2.       HTC Service Centre, Nanak Telecom, 74-75 Gandhi Market, Ambala Cantt through its manager.

3.       Bhatia Electronics, Shop No.-9, Stadium Complex, Near Football Chowk, Ambala Cantt through its Proprietor/Partner

 

   ….….Opposite Parties.

 

Before:        Sh. D.N. Arora, President.

                   Sh. Pushpender Kumar, Member.

Ms. Anamika Gupta, Member.                           

 

 

Present:       Sh.Anil Kumar, counsel for the complainant.

                   OPs already ex-parte v.o.d. 01.05.2017.

 

ORDER:

                   In nutshell, brief facts of the present complaint is that complainant had purchased one HTC Desire 626 Duel Mobile Set IMEI No.351993070736641 & 351993070736646 vide invoice no.8497 dated 12.02.2016 for Rs.14,500/- from OP No.3 with one year warranty. After the period of sometime from the purchasing of the said mobile set it started creating various troubles it stops working due to auto power off while working normally, network problem and mechanical defect. The fault was instantaneously brought in the knowledge of the OP No.3 and OP No.2 and same was rectified but again it started with the same problem and again the problem was temporarily removed. On 17.01.2017, the complainant  initially went to the OP No.3 and on his direction he again went to OP No.2 to replace the set as the same is under warranty or refund the amount of the set but they flatly  refused his request and again deposited the phone with them vide job sheet no.-IXC009-0004816 dated 17.01.2017.  A legal notice dated 12.02.2017 was served through registered AD to the OPs. It is a manufacturing problem and same cannot be rectified. The set is question is lying dead with the OP No.2, due to which the complainant suffered from mental harassment, financial loss. Hence, the present complaint.

2.               Registered notices issued to Ops No. 1 to 3 but none have turned up on their behalf and they were proceeded against ex-parte vide order dated 01.05.2017.

3.                To prove his version complainant tendered his affidavit as Annexure C-X alongwith documents as annexure C-1 to C-13 and close his evidence.

4.                We have heard learned counsel for complainant and carefully gone through the case file. The case of complainant is that complainant had purchased a mobile phone HTC Desire 626 Duel Mobile Set IMEI No.351993070736641 & 351993070736646 vide invoice no.8497 dated 12.02.2016 for Rs. 15,500/- from OP No.3 which was having  one year warranty as Annexure C-1. However, it developed problems i.e it stops working due to auto power off while working normally, network problem and mechanical defect. Perusal of the job sheet dated 17.1.2017 Annexure C-2 reveal that the handset is dead.  The complainant has specifically mentioned in his complaint that time and again the mobile in question went out of order and therefore, he had to visit OP No.2/Service Centre.  Perusal of the case file reveals that the hand set in question is still lying with the OPs  who have neither repaired the hand set nor replaced the same with the new one despite the fact that it developed problems. Due to defect in the mobile, the complainant has been deprived of to use the hand set despite spending handsome amount. In the present case, the OPs have also proceeded against exparte, therefore, the contents enumerated in the complaint remained un-rebutted and thus we have no other option except to believe the version as well as documents submitted by the complainant.The mobile in question is still lying with OP No.2.

5.                In view of above discussion, the present complaint is hereby allowed with cost which is assessed Rs.3000/- and Ops are directed to comply with the following direction within thirty days from receipt of copy of the order:-

1. To replace the Mobile set in question with a new one of the same model. If the same model is not available then to refund the cost of mobile set to the tune of Rs.14,500/- as per Annexure C-1 along with interest at the rate of 9% per annum from the date of complaint till its realization.

(ii)     Also to pay a sum of Rs. 3,000/- on account of cost of proceedings as assessed above.

                   Copy of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on :15.02.2018                                          

                       

 

 

(PUSHPENDER KUMAR)       (ANAMIKA GUPTA)        (D.N. ARORA)

                        Member                                 Member                           President