DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
CONSUMER COMPLAINT NO.93 of 16
DATE OF INSTITUTION: - 05.05.2016
DATE OF ORDER: -11.07.2016
Nitin son of Sh. Gajender Panwar, resident of House No. 846, Khatikan Mohalla, Ward No. 14, Charkhi Dadri, District Bhiwani.
……………Complainant.
VERSUS
- Dada Gusai Communication, near New Bus Stand, Ch. Dadri.
- Intex Care Centre, Charkhi Dadri.
- Intex Technologies (India) Ltd. D 18/2 Okhla Ind. Area Phase No. 2 New Delhi-1100200 (India).
………….. Opposite Parties.
COMPLAINT U/S 12 & 13 OF CONSUMER PROECTION ACT
BEFORE: - Shri Rajesh Jindal, President
Ms. Anamika Gupta, Member.
Mrs. Sudesh, Member.
Present:- Complainant in person.
OPs exparte.
ORDER:-
Rajesh Jindal, President:
Brief facts of the present complaint are that he had purchased a Intex Mobile Model No. Intex Speed HD bearing IMEI No. 911441350020321 from OPs vide bill dated 09.05.2015 of Rs. 8300/- with one year warranty. It is alleged that soon after purchase his handset became defective. It is alleged that he visited the office of Ops many times but to no avail. Hence, it amounts to deficiency in service on the part of OPs and as such, he has to file the present complaint & prayed for change the defective mobile set with new one or the cost of the mobile set. Hence this complaint.
2. Ops have failed to come present. Hence they were proceeded against exparte vide order dated 05.07.2016.
3. In order to make out his case, the complainant has tendered into evidence affidavit Annexure CW1 and documents Annexure C-1 & Annexure C-2.
4. We have heard the complainant in person and perused the record carefully.
5. Complainant reiterated the contents of the complaint. He submitted that the OPs have failed to rectify the defects of his mobile handset. He referred the bill Annexure C-1 dated 09.05.2015 for the purchase of the mobile handset for Rs. 8300/- and job sheet dated 21.04.2016 Annexure C-2. Nothing has come on record on behalf of the Ops. The Ops did not bother to appear and contest the claim of the complainant. Keeping in view the facts and circumstances of the case, we allow the complaint of the complainant and direct the Ops to replace the mobile handset of the complainant with the new one of the same model or of the equivalent cost. The complainant is directed to deposit his mobile handset with the Ops against proper receipt and Ops are directed to comply with this order 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: 11.07.2016. (Rajesh Jindal)
President,
District Consumer Disputes
Redressal Forum, Bhiwani.
(Anamika Gupta) (Sudesh)
Member Member
