DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.

   CONSUMER COMPLAINT NO.125 of 2016

                                           DATE OF INSTITUTION: - 16-06.2016

                                                     DATE OF ORDER: 09-09-2016

Sumlesh daughter of Sh. Ramesh Kumar, resident of V.P.O. Kharkari Sohan (Nayagaon), Tehsil Tosham, District Bhiwani.

            ……………Complainant.

VERSUS                

1. Jain Mobile Gallery, Purana Thana Chowk, Tosham, Tehsil Tosham, District Bhiwani through its Proprietor/authorized person.
2. M/s Sandeep Enterprises, Shop No. 10, Biju Tower, Meham Gate, Bhiwani, Tehsil and District Bhiwani through its Proprietor/authorized person.
3. Micromax Information Ltd. 21/14A Phase-II, Naraina, Industrial Area, Delhi-110028, Phone No. 011-49790000 through its Proprietor/authorized person.

………….. Opposite Parties.

COMPLAINT U/S 12 & 13 OF CONSUMER PROECTION ACT

BEFORE: -    Shri Rajesh Jindal, President.

                    Ms. Anamika Gupta, Member.

Present:-    Sh. Ramesh Kumar father of complainant in person.

                 None for OP no. 1.

       Shri Harinder Rana, Advocate for Ops no. 2 & 3.

ORDER:-

Rajesh Jindal, President:

                    In brief, the grievance of the complainant is that on 25.04.2015 he had purchased “Micromax Canvass Xpress A-99” bearing I.M.E.I. No. 911397253117012 amounting to Rs. 6,800/- from OP no. 1 with one year warranty.  It is alleged that after 11 month the mobile handset was not working properly because the mobile was not charging properly and father of complainant approached to OP no. 1.  It is alleged that OP no. 1 advised the complainant to visit the office of OP no. 2 and on 05.04.2016, OP no. 2 keep the faulty mobile phone with the problem “4101 power does not switch on” with him and told the complainant to visit after one month.  It is alleged that on 12.05.2016, father of complainant received call from the office of OP and father of complainant was informed to collect the mobile phone and on 13.05.2016, father of complainant visited the office of OP no. 2 to collect the phone, he was surprised that the mobile phone was broken from the back side camera and also from internal defects.  Again father of complainant visited the office of OP no. 2 to collect the mobile phone, but the mobile phone was still in the same damaged condition.  It is alleged that after making several requests, officials of OP no. 2 did not accede the request of father of complainant and did not pay any heed towards the damaged mobile phone.    The complainant further alleged that due to the act and conduct of the Ops he has to suffer mental agony, harassment and humiliation.  Hence, it amounts to deficiency in service on the part of OPs and as such, he has to file the present complaint & prayed for place of faulty mobile and for compensation.

2.                 In order to make out his case, the father of complainant has tendered into evidence Annexure C-1  to Annexure C-5.

3.                 We have gone through the record of the case carefully and have heard the father of complainant in person and counsel for OPs no. 2 & 3.

4.                 The counsel for the Ops no. 2 & 3 made statement that the Ops are ready to replace the defective parts of the mobile handset and after repair the same it will be delivered to the complainant in working condition within 30 days.  He further stated that the complainant deposited the mobile handset without battery with OP no. 2 on 05.04.2016.  On the other hand the representative of the complainant in his statement stated that his case be decided on merits.

5.                 The complainant had purchased the mobile handset in question from OP no. 1 on 25.04.2015 vide bill no. 4039 for Rs. 6800/-, Annexure C-2 after about passing one year, the complainant deposited the mobile handset with OP no. 2 vide job sheet dated 05.04.2016 Annexure C-3 with the problem power does not switch on.  It means that the mobile handset was working about one year without any defect.  Considering the facts of the case, we partly allow the complaint of the complainant and direct the Ops to repair the mobile handset of the complainant and replace the defective parts, if any and deliver the same to the complainant within 30 days from the date of passing of this order.  The Ops are also directed to pay Rs. 1,000/- as lumpsum compensation to the complainant.  The complainant is also directed to visit the service centre of the company to get delivery of her mobile handset. 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:.09-09-2016.                                                                (Rajesh Jindal)

                                                                                       President,        

                                                                           District Consumer Disputes

                                                                           Redressal Forum, Bhiwani.

                    (Anamika Gupta),

                          Member