Before the District Consumer Disputes Redressal Forum, Rohtak.

                                                          Complaint No. : 139.

                                                          Instituted on     : 04.04.2018.

                                                          Decided on       : 17.07.2018.

Ms. Rekha w/o Sh. Vijay Kumar R/o 202, Subhash Nagar, Rotak(Haryana), Age 24 yrs Ph. No.9215421710.

                                                          ………..Complainant.

                             Vs.

1. Managing Director, HTC Mobile Company, HTC India Pvt. Ltd., G-4, B.P.T.P.Park Centre, Sector-30, Near NH-8, Gurugram-122002(Haryana).
2. Manager, Global Mobile Care, # 331/6, Opposite CR Institute of Law, Top Floor, Delhi Road, Rohtak-124001(Haryana).

                                                          ……….Opposite parties.

          COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.

BEFORE:  SH.RAJBIR SINGH DAHIYA, PRESIDENT.

                   SH.VED PAL, MEMBER.

Present:       Sh.Digvijay Jakhar Advocate for complainant.

                   Opposite parties already exparte.

                                      ORDER

RAJBIR SINGH DAHIYA, PRESIDENT:

1.                          The present complaint has been filed by the complainant with the averments that he had purchased a mobile phone model HTC One A9 for a sale consideration of Rs.32500/- on dated 01.03.2016. That complainant was facing technical problems alognwith many issues like hanging, auto shut down, ringer issue, camera, hanging, touch, software, apps etc.  and he contacted the opposite party no.2 but the problems could not be resolved. That complainant deposited the handset time and again with the opposite party no.2 on various dates i.e. 06.02.2017, 24.02.20217, 27.02.2017, 03.04.2017 but despite repeated repairs by OP No.2, the mobile did not work properly. That the act of opposite parties is illegal and amounts to deficiency in service. Hence this complaint and the complainant has prayed for directing the OPs to make the payment of Rs.32500/- alongwith interest and compensation to the complainant.

2.                          After registration of complaint, notice was issued to the opposite parties. Notice sent to OP No.2 received back served but none appeared on behalf of opposite party No.2. Opposite party No.1 also did not appear despite notice through registered post and  as such opposite party No.1 & 2 were proceeded against exparte vide order dated 18.05.2018 of this Forum.

3.                          Ld. counsel for the complainant has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C7 and closed his evidence.

4.                          We have heard learned counsel for the complainant and have gone through material aspects of the case very carefully.

5.                          After going through the file and hearing the parties it is observed that the complainant had purchased the mobile set on 01.03.2016 and the defect in the mobile set appeared within warranty period. But as per copy of documents/emails placed on record, complainant made so many complaints and repeatedly visited the service centre regarding the defective mobile set sold by the OPs but neither any satisfactory reply was given nor the mobile could be repaired by the opposite parties. On the other hand, opposite parties have not appeared before this Forum for the rebuttal against the pleadings of the complainant placed on the file and remained exparte in the present case. As such all the allegations leveled against the opposite parties regarding the manufacturing defect in the mobile set stands proved. As the complainant has lost faith in the company and its products so it is better to refund the price of mobile phone after deduction of 20% depreciation on it.

6.                          Accordingly the complaint succeeds and it is directed that complainant shall hand over the mobile in question to the opposite parties and in turn opposite party No.1 i.e. manufacturer shall refund the price of mobile set by deducting 20% depreciation i.e. to pay Rs.26000/-(Rupees twenty six thousand only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 04.04.2018 till its realization and shall also pay a sum of Rs.3500/-(Rupees three thousand five hundred only) as litigation expenses and compensation to the complainant within one month from the date of decision. 

7.                Copy of this order be supplied to both the parties free of costs.

8.                 File be consigned to the record room after due compliance.

Announced in open court:

17.07.2018.

                                                          ................................................

                                                          Rajbir Singh Dahiya, President

                                                          ..........................................

                                                          Ved Pal, Member.