BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
Consumer Complaint No. 79 of 2017.
Date of Institution: 30.05.2017.
Date of Decision: 6.12.2018.
Ankush son of Sh. Shri Surender Kumar, resident of Village Jamalpur, Tehsil Matanheil, District Jhajjar (Haryana).
…..Complainant.
Versus
1. Intex Technology (India) Ltd. C/o Goyal Telecom (IPC), Charkhi Dadri, Tehsil Charkhi Dadri, District Bhiwani through its Propritor.
2. Intex Technology (India) Ltd. 206, Ganpati Arcade, Sector 12-A, Sadar Bazar, Gurgaon, District Gurgaon.
3. Shree Dada Gushai Communication, New Bus Stand, Charkhi Dadri, District Bhiwani through its proprietor.
…..Opposite Parties.
Complaint under Section 12 of the
Consumer Protection, Act, 1986.
Before: - Hon’ble Mr. Manjit Singh Naryal, President.
Hon’ble Mr. Parmod Kumar, Member.
Hon’ble Miss Renu Chaudhary, Member.
Present: Complainant in person.
OPs already exparte.
ORDER:-
PER MANJIT SINGH NARYAL, PRESIDENT
Brief facts of the case are that the complainant has purchased a mobile set i.e. Intex Alva Trend bearing IMEI No. 91146800332308, S.No.911468300332316 on 04.12.2015 from OP No.3 worth Rs. 8500/- vide bill bearing No. 17118 dated 04.12.2015. That one year complete warranty on mobile set was given by the OPs. That earlier the mobile set was working smoothly but later on it occurred some manufacturing defect and in the month of July, 2016 the mobile phone was found scratched and touch was not working properly and also having problem in battery. That complainant went to the OP No. 1 being the care centre of the company who replied that you have to submit it and you will received after 10/15 days and the complainant submitted the mobile set with OP No. 1 vide job sheet No. 608314094001T001 dated 31.8.2016. That after several days the mobile was neither repaired by OP No.1 nor returned it to the complainant till date. Now without the mobile set, the complainant is suffering from economic loss, mental tension. That due to non rectifying the problems of the mobile set the complainant served a legal notice upon the OPs through his counsel Shri Jasvinder Phogat, Advocate, Bhiwani. But after receiving the notice the OPs nor returned the mobile set of the complainant neither paid Rs. 8500/- as price of mobile set. Hence, this complaint.
2. Notice issued to the OPs No. 1 and 3 but no one appeared on their behalf before this Forum despite service of summons and the OPs No. 1 and 3 were proceeded as exparte vide order dated 01.08.2017. Notice issued to the OP No. 2 several times and all the times, notice received back un-served for want of correct address. It seems that service of summons not effected intentionally and the complainant stated that the address of OP No.2 is correct as per his knowledge and OP No.2 is deliberately not received the summons OP No. 2 was also proceeded as exparte vide order dated 26.09.2018.
3. The complainant placed on record his affidavit as Ex.CW1/A alongwith copy of bill as Annexure-C1 and copy of Job Sheet as Annexure-C2 and closed the evidence.
4. We have heard the complainant at length.
5. The case of the complainant goes unchallenged and un-rebutted, as the OPs have failed to appear before this Forum despite service of summons. It appears that the claim of complainant is genuine and there is nothing on record in favour of OPs. Complainant has also placed copy of bill and also job sheet as Annexure C1 and C2 to prove his complaint. From the perusal of the documents reveals that the complainant has purchased the mobile set on 04.12.2015 for a sum of Rs.8500/-. The contention of complainant is that after few days of its purchase the same started giving problems as such the handset was found scratched and touch was not working properly and also having problem in battery. As such, all the allegations leveled against the opposite parties regarding selling of defective mobile set stands proved, which amounts to deficiency in service on the part of the OPs.
6. Keeping in view the above facts and circumstances and the evidence brought on record by complainant, we allowed the complaint and the opposite parties are directed as under :-
- to refund the amount of Rs.8500/- to the complainant for
the cost of defective mobile.
- to pay Rs.5,000/- as compensation on account of mental
agony, physical harassment and hardship.
- to pay Rs.2200/- for litigation expenses.
7. Compliance of the order shall be made by the OPs within 30 days from the date of receiving of its certified copies, failing which the amounts at Sr. No. (i) shall carry interest @ 9% per annum from the date of this order till actual payment. The copy of this order be supplied to both the parties free of costs. File be consigned to the record room, after due compliance.
Announced in open court.
5.12.2018.
(Renu Chaudhary) (Parmod Kumar) (Manjit Singh Naryal)
Member. Member. President,
District Consumer Disputes
Redressal Forum, Bhiwani.
