DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.157 of 2016
Date of institution: 14.03.2016 Date of decision : 24.01.2017
Amrish Kumar son of Mohan Lal, House No.109, Ajit Enclave, Sector 10, Randhawa Road, Kharar, District SAS Nagar (Mohali).
……..Complainant
Versus
1. Intex Technologies Private Limited, D-18/2, Okhla Industrial Area, Phase-II, New Delhi.
2. Star CJ Plaza, 6th Floor, Dr. D.B. Marg, Grant Road, Near Apsara Theatre, Mumbai, Maharashtra. .(Given up on 21.03.2016)
3. M/s. Kasturi Mega Ventures Private Limited, Franchise of Star CJ Network India Private Limited, Village Taj Nagar, Tehsil Farrukhanagar, Gurgaon, Haryana.(Given up on 18.08.2016)
4. M/s. Kasturi Mega Ventures Private Limited, Registered Office E-7/88, Lala Latpat Rai Colony, Arera Colony, Bhopal, Madhya Pradesh. .(Given up on 21.03.2016)
5. Radha Communication, SCF 34, First Floor, Cabin No.3, Phase 2, SAS Nagar (Mohali), Punjab.
(OP No.2,4 and OP No.3 given up by the complainant vide statement dated 21.03.2016 and 18.08.2016 respectively).
………. Opposite Parties
Complaint under Sections 12 of
the Consumer Protection Act.
Quorum
Shri Ajit Pal Singh Rajput, President.
Shri Amrinder Singh Sidhu, Member.
Mrs. R.K. Aulakh, Member.
Present: Shri T.S. Rai, counsel for the complainant.
OP No.1 and 5 ex-parte
OP No.2,3 and 4 given up.
ORDER
By Amrinder Singh Sidhu, Member.
The brief facts of the present complaint as pleaded by the complainant are that complainant purchased one Intex Mobile Handset bearing Model Cloud N12 having IMEI No.911437904161546 from OP No.2 manufactured by OP No.1 on payment of Rs.6,999/- (Rs. Six thousand nine hundred and ninety nine only) through online and OP No.3 and 4 had issued bill vide cash invoice No.201507250667, docket No.571575393 dated 25.07.2015. The handset worked for three months only, however, it stopped working in the month of October, 2015. The handset had started giving various problems like hanging up, heating up and battery not charging etc. On 10.11.2015 the complainant handed over defective handset to the OP No.5 for repairing and removing the defect in the said mobile handset and OP No.5 also issued job sheet bearing its No.511106395004T001 dated 10.11.2015 to the complainant and assured to the complainant that the handset would be repaired soon and properly. The complainant approached OP No.5 many times and OP No.5 told him that they had sent his mobile to OP No.1 for its replacement with new one. Complainant again approached OP No.5 but it neither repaired nor replaced by anyone till date. Lastly, OPs flatly refused to repair or replace the handset. Further defective hand set is still in possession of OP No.5. The complainant made repeated requests to the OPs to rectify the defect of the handset or replace the defective handset with new one but they don’t discharge their liability till date even the handset is within warranty period. It amounts to defect in good as well as deficiency in service on the part of the OPs which caused mental, physical torture, harassment and monetary loss to the complainant for which he should be compensated to the following effect:
i) refund of Rs.6,999/- (Rs. Six thousand nine hundred ninety nine only) with interest 12%.
ii) compensation of Rs.1,00,000/- (Rs One lakh only) on account of pain agony and deficiency in service and also litigation cost.
2. Learned counsel for the complainant gave up OP No.2 and 4 from the array of parties on 21.03.2016 and further gave up O No.3 from the array of parties on 18.08.2016. OP No.1 and 2 did not appear before this Forum despite service and, therefore, proceeded against ex-parte vide order dated 11.07.2016.
3. Evidence of the complainant consists of his affidavit Ex.CW-1/1; retail invoice Ex.C-1; service request Ex.C-2; legal notice Ex.C-3 and C-4 and postal receipts Ex.C-5.
4. The complainant has proved that he purchased the mobile handset for consideration of Rs.6,999/- vide Ex.C-1 which is retail invoice. Therefore, complainant is consumer of the OPs. Ex.C-2 which is service request proves that complainant has given the handset to OP No.5 for repair. The cause of action arose to the complainant in October, 2015 i.e. within warranty period of the handset in question and complaint is filed on 14.03.2016 i.e. within prescribed period of limitation. Further this Forum has pecuniary jurisdiction as claim claimed by the complainant is of Rs. One Lakh Six Thousand Nine Hundred and Ninety Nine only and this Forum has territorial jurisdiction as the cause of action arose to the complainant within the territory of this Forum. In the present complaint, though the complainant has not complied with the provisions of S. 13 whereby complainant was bound to send the mobile handset to Lab. for its examination and Lab. is to give its report to that effect yet it can be condoned on the ground that it is not possible for the complainant as the handset was with OP No.5. It is proved by the complainant that he has given the handset to OP No.5 for repair vide Ex.C-2 which is service request. Further complainant filed his detailed affidavit which is Ex.CW-1/1 whereby complainant states that OP No.5 neither repaired nor refunded the amount of handset and handset is in the possession of OP No.5. Complainant has alleged that handset started giving various problems like hanging up, heating up and battery not charging within warranty period and in order to prove this fact filed his detailed affidavit which is Ex.CW-1/1. The OPs failed to rebut his complaint in any manner and OP No.1 and 5 chose to remain absent by not appearing in this Forum and, therefore, proceeded against ex-parte. It proves that OP No.1 and 5 has nothing to say regarding this complaint. Therefore, this complaint stands proved against OP No.1 and 5 and, therefore, they are directed to refund the amount of mobile hand set i.e. Rs.6,999/- (Rs. Six thousand nine hundred and ninety nine only) and also pay lump sum compensation of Rs.5,000/- (Rs. Five thousand only) within 45 days from the date of order failing which OP No.1 and 5 will be liable to pay interest @ 9% per annum from the date of order till its actual realisation.
The arguments on the complaint were heard on 10.01.2017 and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.
Pronounced
Dated: 24.01.2017
(Ajit Pal Singh Rajput)
President
(Amrinder Singh Sidhu)
Member
(Mrs. R.K. Aulakh)
Member
