DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
CONSUMER COMPLAINT NO.208 of 15
DATE OF INSTITUTION: - 20.07.2015
DATE OF ORDER: -29.01.2016
Raman Kumar son of Shri Suresh Kumar, resident of Manan Panna, Char Khambe Bijli K, near Krishna Water Soda Factory, Bhiwani.
……………Complainant.
VERSUS
- Kathuria Communication, Dinod Gate, Hanuman Mandir K Niche, Bhiwani.
- The Manager, Intex Mobile Service Centre, GMG Communication, Radhika Complex, Hansi Gate, Bhiwani.
- The General Manager, Intex Technology India Limited, D-18/2, Okhala Industrial Area, Phase-2, New Delhi-110020.
………….. Opposite Parties.
COMPLAINT U/S 12 OF CONSUMER PROECTION ACT
BEFORE: - Shri Rajesh Jindal, President
Shri Balraj Singh, Member
Smt. Ansuya Bishnoi, Member
Present:- Complainant in person.
OPs ex parte.
ORDER:-
Rajesh Jindal, President:
In brief, the grievance of the complainant is that on 14.08.2015 he had purchased one Handset of Intex Cloud Y 17 for a sum of Rs. 5500/-. It is alleged that soon after purchase the Hand Set became defective within warranty period and complaint was lodged with the respondents. The complainant visited the service centre of respondent company and he is submitted that the OP no. 2 demanded Rs. 1300/- from him for repairs. Hence the complainant was deprived of use of the Hand Set and suffered a loss. Now the complainant has claimed the cost of the Hand Set along with compensation and costs by way of filing present complaint.
2. Opposite Parties have failed to come present despite service. Hence, they were proceeded against ex parte by this Forum.
3. We have gone through the record of the case carefully and have heard complainant, in person.
4. The complainant in person submitted that he deposited his mobile handset with OP no. 2 with various faults on 04.07.2015 vide job sheet dated 04.07.2015. He submitted that OP no. 2 has failed to return his mobile handset duly repaired despite various visits. He is submitted that the OP no. 2 demanded Rs. 1300/- from him for repairs.
5. We have perused the record that the complainant had purchased his mobile handset vide bill dated 14.08.2015 and according to him he deposited his mobile handset with OP no. 2 for repairs vide job sheet dated 04.07.2015, about 11 months after the date of purchase, it means his mobile handset is working till then so it cannot be inferred that the mobile handset of the complainant was having any manufacturing defect. Taking into account every aspect of the case, we direct the opposite parties to deliver the mobile handset of the complainant in question duly repaired free of charge, and also to pay Rs. 1,000/- as lump sum compensation to the complainant. This order be complied with by the Ops 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: 29.01.2016. (Rajesh Jindal)
President,
District Consumer Disputes
Redressal Forum, Bhiwani.
(Ansuya Bishnoi), (Balraj Singh),
Member Member