DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.

   CONSUMER COMPLAINT NO.347 of 15

                                         DATE OF INSTITUTION: - 31.12.2015

                                                   DATE OF ORDER: -22.03.2017

Madan Singh Verma, Advocate son of Sh. Risal Singh, resident of village Dohki, Tehsil & District Bhiwani at present residing at H. No. 4, Patel Nagar, Bhiwani.

           ……………Complainant.

VERSUS

1. Proprietor, Jeenu Gift Shop, Shop No. 52, Adarsh College Market, Hansi Gate, Bhiwani.

1. Samsung Mobile Care, Ghantaghar Chowk Ganpat Rai Hospital, Ist Floor, Bhiwani through its authorized signatory.

1. Samsung Worldwide Suites No. 101-103, 1^st Floor Copia Corporate Suites, Plot No. 9, Jasola, District Center, New Delhi.

………….. Opposite Parties.

COMPLAINT U/S 12 & 13 OF CONSUMER PROECTION ACT

BEFORE: -  Shri Rajesh Jindal, President

                   Ms. Anamika Gupta, Member

                   Mrs. Sudesh, Member

Present:-   Sh. R.N. Rohilla, Advocate for complainant.

       Ops no. 1 & 2 exparte.

       OP no. 3 given up vide order dated 13.02.2017.

ORDER:-

Rajesh Jindal, President:

                Brief facts of the present complaint are that on 07.01.2015 the complainant had purchased a mobile set Samsung Grand-2 from OP no. 1 amounting to Rs. 16,400/- and the complainant paid the amount of mobile set from his bank credit card of HDFC Bank Bhiwani vide bill no. 47442 dated 07.01.2015.  It is alleged that there is problem regarding vibration were occurred in the mobile set.   It is alleged that the complainant made many requests to the Ops but to no avail.  The complainant also issued a legal notice dated 12.08.2015 but OP no. 1 did not any heed. The complainant further alleged that due to the act and conduct of the Ops he has to suffer mental agony and economic loss.  Hence, it amounts to deficiency in service on the part of OPs and as such, he has to file the present complaint.

2.                OPs no. 1 & 2  have failed to come present.  Hence they were proceeded against exparte vide orders dated 08.03.2016 and OP no. 3 given up vide order dated 13.02.2017.

3.                In order to make out his case, the counsel for complainant has tendered into evidence documents Annexure C-1 to Annexure C-3 alongwith supporting affidavit.

4.                We have heard the counsel for the complainant and perused the record carefully. 

5.                Learned counsel for the complainant reiterated the contents of the complaint.  He submitted that the complainant had purchased the mobile handset in question from OP no. 1 vide bill No. 47442 dated 07.01.2015 Annexure C-3 for a consideration of Rs. 16,400/-.  Due to the problem in the mobile handset the complainant approached the OP no. 1 service centre of the company on 11.08.2015 alongwith mobile handset and the bill Annexure C-3.  The incharge of OP no. 2 told the complainant that IMEI number of the mobile handset is different in the bill Annexure C-3.  He submitted that the OP no. 1 has committed fraud with the complainant.  A legal notice dated 12.08.2015 Annexure C-1 which also served on the OP no. 1, vide postal receipt Annexure C-2.

6.                We have examined the record carefully.  The complainant has mentioned the IMEI number of the mobile handset in Para No. 3 of the complaint, which differ from the IMEI number which has been given in the bill Annexure C-3 by OP no. 1.  We have convinced with the contention of the complainant.  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 partly allow the complaint of the complainant against Ops.  The OP no. 1 is directed to correct the IMEI number on the bill dated 07.01.2015 Annexure C-3 and also to pay Rs. 1500/- as lumpsum compensation to the complainant.  The Ops are also directed to rectify the defects in the mobile handset of the complainant, if needed defective parts be replaced, free of cots.  The complainant is directed to approach the Ops alongwith the original bill for the rectification of the IMEI number and to get repair his mobile handset within 15 days from the date of passing of this order and the Ops are directed to immediately comply with 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: 22.03.2017.                                              (Rajesh Jindal)

                                                                                    President,    

                                                                        District Consumer Disputes

                                                                        Redressal Forum, Bhiwani.

(Anamika Gupta)    (Sudesh)         

                        Member.              Member