DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.

   CONSUMER COMPLAINT NO.43 of 16

                                           DATE OF INSTITUTION: - 08.03.2016

                                                     DATE OF ORDER: -25.05.2016

Ankit son of Shri Ashok Kumar, resident of Vidya Nagar, Bhiwani.

           ……………Complainant.

VERSUS

1. Universal Mobile Shop, Hansi Gate, Bhiwani.

1. Saini Mobile Point, Fancy Chowk, Naya Bazar Road, Bhiwani (Intex Mobile Customer Care, Mobile No. 9728566560, 9728611414).

1. Intex Mobile Company, D-18/2, Okhla Ind-Area, Phase-II, New Delhi-110020 (India).

………….. Opposite Parties.

COMPLAINT U/S 12 OF CONSUMER PROECTION ACT

BEFORE: -  Shri Rajesh Jindal, President

                  Smt. Ansuya Bishnoi, Member

Present:-  Complainant in person.

                Ops are exparte.

ORDER:-

Rajesh Jindal, President:

                 Brief facts of the present complaint are that on 04.04.2015 he had purchased a Intex mobile set from OP no. 1 vide IMEI No. 911428650447643 and SIMEI No. 911428650497648 for Rs. 9500/-. It is alleged that the screen of mobile handset was damaged due to fall of the mobile handset.  He submitted that as per the terms and conditions of the seller free screen breakage insurance is available against mobile handset. It is alleged that he went to the Ops many times but to no avail. The complainant further alleged that due to the act and conduct of the Ops he has to suffer mental agony and insult.  Hence, it amounts to deficiency in service on the part of OPs and as such, he has to file the present complaint & prayed for new mobile set in place of old set.  Hence the complainant was deprived of use of the Hand Set and suffered a loss.

2.               OPs no. 1 to 3 have failed to come present.  Hence they were proceeded against exparte vide order dated 27.04.2016.

3.              In order to make out his case, the complainant has tendered into evidence document Annexure C-1 alongwith supporting affidavit.

4.              Complainant in person reiterated the contents of the complaint.  He submitted that the screen of mobile handset has been damaged due to fall of the mobile handset.  He submitted that as per the terms and conditions of the seller free screen breakage insurance is available against mobile handset.  He submitted that he purchased the mobile handset on 04.04.2015 vide bill no. 122 Annexure C-1 for Rs. 9500/- from the OP no. 1 and the breakage of the screen happened after about 9 months, within the one year of warranty period. 

5.              We have perused the relevant material on the file.  The complainant has produced the photo copy of the carton of the mobile handset, which clearly mentions “Free Screen Breakage Insurance”.  Keeping in view the facts and circumstances of the case, we allow the complaint of the complainant and direct the Ops to repair and replace the screen of the mobile handset in question, free of cost.  The Ops are also directed to pay Rs. 1,000/- as litigation cost to the complainant.  This order be complied with by the Ops within 30 days from the date of passing of this order.  The complainant is also directed to approach the Ops within 7 days from the date of passing of this order for the compliance 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: 25.05.2016.                                         (Rajesh Jindal)

                                                                            President,  

                                                                 District Consumer Disputes

                                                                 Redressal Forum, Bhiwani.

(Ansuya Bishnoi)               

                        Member.