BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Complaint Case no. 33 of 2016
Date of Institution: 1.2.2016
Date of Decision: 11.8.2016
Sant Lal s/o Sh.Shankar Lal, H.No.29J, Canal Colony, Hisar road, Sirsa.
………Complainant.
Versus
- Incharge Mobile Cellkon Care centre, Mahadev Mobile Care, near Mallagar Singh Petrol Pump, Begu road, Sirsa, Haryana.
- Manager, Cellkon Impex Pvt. Ltd., III Floor, Block no.2, My Home Hub, Madhyapur, HI technical City, Hyderabad.
- Jolly Shop, through its prop., Sadar Bazar, Sirsa.
……… Opposite parties.
Complaint under Section 12 of the Consumer Protection Act, 1986.
Before: SHRI S.B.LOHIA…………………PRESIDENT
SHRI RANBIR SINGH PANGHAL ……MEMBER.
Present: Complainant in person.
Opposite parties exparte.
ORDER
In brief, case of complainant is that he had purchased a Cellkon mobile bearing IMI No.911406850735868 against bill no.11368 dt. 4.3.2015 from Op no.3. Op no.3 given a guarantee for a period of one year. After inserting the sim on the very same day, the mobile went out of order, upon which complainant approached Op no.3, who sent him to Op no.1, but mobile could not be repaired. As alleged, complainant visited Op no.1 several times i.e. on 17.3.2015, 11.6.2015, 7.8.2015, 8.9.2015, 16.9.2015,17.9.2015, 7.12.2015,9.12.2015,2.1.2016 and 3.1.2016, but all in vain. Hence, this complaint.
2. On notice, OPs failed to appear before the Forum despite service and accordingly, they were proceeded exparte.
3. In exparte evidence, the complainant produced his affidavit Ex. C,1 photo copy of job card Ex.C2 and bill Ex.C3.
4. We have heard the complainant in person. There is no reason to disbelieve the allegations of the complaint especially when there is no version from the Ops. Ops even took no pain to send their written version in response to the notices sent by the Forum. Complainant fully detailed his visits with relevant job card numbers and messages. In these circumstances, we have no other option except to allow the present complaint. Accordingly, present complaint is allowed and OPs are hereby directed to replace the mobile of the complainant with a new one of similar description which shall be free from any defect, within a period of one month, from the date of receipt of copy of this order. Ops are jointly and severally liable to comply this order. Copy of this order be supplied to the parties as per rules. File be consigned to record room.
Announced in open Forum. President,
Dated:11.8.2016 Member. District Consumer Disputes
Redressal Forum, Sirsa.
