Haryana

Ambala

CC/201/2016

Gobind Singh - Complainant(s)

Versus

Intex Technology Corporate. - Opp.Party(s)

A.K. Rathour

23 Dec 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                          Complaint case no.        : 201 of 2016

                                                          Date of Institution         : 05.05.2016

                                                          Date of decision   : 23.12.2016

 

 

          Gobind Singh son of Sh. KUldeep Singh, resident of Village Thamber,     Tehsil Barara, Distt. Ambala.   

……. Complainant.

 

 

1. Intex Technology corporate, D-18/2, Okhla Industrial Area, Phase-II New Dehli-110020 India, through its M.D.
2. Vinod Mobile Zone, Main Chowk, Sadhoura Road, DOSARKA, Tehsil Barara, Distt. Ambala, throughits Authorized Signatory/Manager.
3. Mahavir Traders, (ICP-Ambala Cantt). 5252, Anaj Mandi, Opposite water Tank, Ambala Cantt. 133001 (Haryana).

 

 ….…. Respondents.

BEFORE:   SH. D.N. ARORA, PRESIDENT

                   SH. PUSHPENDER KUMAR, MEMBER                             

Present:       Sh. A.K. Rathore, counsel for the complainant.

                   Ops already exparte v.o.d. 17.06.2016.

ORDER:

                   In nutshell, brief facts of the present complaint is that the complainant had purchased a mobile of Intex Co. Model GSM AQUA Y2 IPS (RED M-GRAY DUAL SIM) serial No. 911437400245108 amounting to Rs. 4800/- vide invoice No. 1862 dated 25.03.2015 from Op NO. 2. Further submitted that after four and five months, the mobile phone started giving problems in its functioning like switch off frequently, its body seems to be hot and nothing was seen on the screen. The  Complainant further submitted that the mobile phone again occurred the same problems after repairing by OP no. 2. Hence, the present complaint.

2.                Registered notice issued to Ops but none have turned up on their behalf and they were proceeded against exparte vide order dated 17.06.2016.

3                 To prove his version complainant tendered his affidavit as Annexure C-X along with documents as annexure C-1 and C-7 and close his evidence.

4.                We have heard learned counsel for the complainant and carefully gone through the case file. The case of complainant is that the complainant had a mobile of Intex serial No. 911437400245108 amounting to Rs. 4800/- vide invoice No. 1862 dated 25.03.2015 from Op NO. 2 and after 4 and 5 months, the mobile in question is started giving problems as per job Sheet (Annexure C-5) having ‘handset heating/battery heating.  Perusal of the job sheet reveals that the mobile set occurred problems due to battery heating and the version of complainant duly supported by his affidavit reveals that the mobile in question started giving problems like switch off frequently, its body seems to be hot and nothing was seen on the screen within its warranty period inspite of various visits by complainant thus the OPs are negligent in rectifying the problems of mobile set.  The Ops No.1 & 2 despite registered notice not pursued the case and they were proceeded against exparte. As such, the contents enumerated in the complaint remained un-rebutted and thus we have no other option except to believe the version as well as documents submitted by the complainant.

5.                 We have come to the conclusion that battery is the main part of the mobile phone which is set at the time of manufacture of the product and in the present case, the mobile in question has battery heating problem as per job sheet which could not be rectified by the Ops after repair of the same. Hence, the present complaint is hereby allowed with costs and Ops are directed to comply with the following direction within thirty days from receipt of copy of the order:-

(i)      To replace the Mobile set in question with a new one of the same model. If the same model is not available then to refund the cost of mobile set to the tune of Rs.4800/- along with interest at the rate of 9% per annum from the date of complaint till its realization.

 (ii)    Also to pay a sum of Rs. 2,000/- on account of mental harassment & agony alongwith cost of litigation.

                   Copies of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on :23.12.2016                                                  Sd/-

                                                                                (D.N. ARORA)

                                                                                      President

 

                           Sd/-    

     (PUSHPENDER KUMAR)

                                                                                       Member