DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
CONSUMER COMPLAINT NO.263 of 15
DATE OF INSTITUTION: - 09-09.2015
DATE OF ORDER: 22-04-2016
Amit Singh Tanwar, Advocate son of Sh. Raj Karan Singh, resident of Khokhran Pana, Naya Bazar, Bhiwani.
……………Complainant.
VERSUS
- HTC India Pvt. Ltd. (Through its Authorized representatives), corporate office G-4, Bptp Park, Avenue, Gurgaon Sec-30, Near National Highway No. 8, Gurgaon-122002.
- Swastik System (Authorized HTC Service Centre) through its Authorized signatory, Shop No. 7, Bapu Asha Ram Complex, Chotu Ram Chowk, Rohtak.
- Sunny Mobiles World, through its Authorized Signatory, 51, Adarash College Market, Hansi Gate, Bhiwani.
………….. Opposite Parties.
COMPLAINT U/S 12 & 13 OF CONSUMER PROECTION ACT
BEFORE: - Shri Rajesh Jindal, President.
Smt. Ansuya Bishnoi, Member.
Present:- Sh. Anil Kumar Tanwar, Advocate for complainant.
Ops no. 1 to 3 are exparte.
ORDER:-
Rajesh Jindal, President:
In brief, the grievance of the complainant is that on 27.02.2015 he had purchased one hand set of HTC Desire 526 G Dual Sim, IMEI NO. 357629060389769 for a sum of Rs. 12,000/- from OP no. 3 with one year warranty. It is alleged that after one month from its purchase, the colour polish/coting of mobile set of complainant started to left its place and suddenly the screen of mobile set of complainant became off and whenever he plugged the charger in mobile set for charging the same then the charger and mobile set became very warm. It is alleged that he went to OP no. 3 and requested him to get repair the same then he told to complainant to get repair the same from the center of HTC company i.e. OP no. 2. Then he went to OP no. 2 and requested to change the mobile set with new one but OP no. 2 clearly refused to change the same. The complainant further alleged that due to the act and conduct of the Ops he has to suffer mental agony and physical harassment. Hence the complainant was deprived of use of the Hand Set and suffered a loss. Now the complainant has claimed the replacement of the Hand Set with new one along with compensation and costs by way of filing present complaint.
2. OPs no. 1 to 3 have failed to come present. Hence they were proceeded against exparte vide orders dated 13.11.2015 & 14.01.2016.
3. In order to make out his case, the complainant has tendered into evidence Annexure C-1 to Annexure C-4 alongwith supporting affidavit.
4. We have gone through the record of the case carefully and have heard the counsel for the complainant.
5. The counsel for the complainant reiterated the contents of the complaint. He submitted that color polish/coting of the mobile set has become defective and he submitted that he visited OP no. 2 to change the mobile handset with new one because the mobile set was having the problem of hanging and was not working properly. He further submitted that before filing of the present complaint a legal notice dated 01.08.2015 was also got served on the opposite party but no reply was received from opposite party by the complainant.
6. Considering the facts of the case, we partly allow the complaint of the complainant and direct the Ops to rectify the defects pointed out by the complainant by replacing the defective parts and also to pay Rs. 1500/- as compensation to the complainant. This order be complied with by the OPs within 30 days from the date of passing of this order. Certified copies of the order be sent to the parties free of costs. File be consigned to the record room, after due compliance.
Announced in open Forum.
Dated:.22-04-2016.
(Rajesh Jindal)
President,
District Consumer Disputes
Redressal Forum, Bhiwani.
(Ansuya Bishnoi),
Member
