Chandigarh

DF-I

CC/197/2015

Jagjit Singh Nagi - Complainant(s)

Versus

Karbonn customer Care Services - Opp.Party(s)

Gaurav Bhardwaj

15 Sep 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

============

Consumer Complaint  No	:	CC/197/2015
Date  of  Institution	:	27/03/2015
Date   of   Decision	:	15/09/2015

 

 

 

 

 

Jagjit Singh Nagi, resident of House No.155, Sector 57, Mohali.

….Complainant

Vs.

 

1.   Karbonn Customer Care Services, 245, Sant Nagar, East of Kailash, New Delhi – 110065, through its Managing Director/ Authorized Representative.

 

2.   Gourish Enterprises, Booth No. 56, Phase-7, Mohali, through its Prop./Authorized Representative.

 

3.   AKS Telecom, SCO 1092, Cabin No. 10-11, 1^st Floor, Sector 22-B, Chandigarh, through its Manager.

 

…… Opposite Parties

 

BEFORE:   SH. P.L. AHUJA               PRESIDENT

MRS.SURJEET KAUR             MEMBER

          SH. SURESH KUMAR SARDANA     MEMBER

 

For Complainant	:	Sh. Gaurav Bhardwaj, Advocate.
For OP No.1	:	None.
For OP Nos.2 & 3	:	Ex-parte.

 

PER SURESH KUMAR SARDANA, MEMBER

 

 

 

          In brief, the Complainant had purchased a ‘Karbonn A-21+’ mobile handset from Opposite Party No.2 on 30.06.2014 for Rs.7990/-, with one year warranty, vide retail invoice Annexure C-1. It has been alleged that the mobile handset in question gave problem on earlier two occasions also and the same was returned after repairs, but he could not retain its job-sheet. The mobile hand of the Complainant again gave same trouble with regard to outgoing voice and the same was handed over to Opposite Party No.3 on 5.2.2015 vide job sheet Annexure C-2, who told the wife of the Complainant to wait for some days as the mobile was to be sent to New Delhi for repairs. The Complainant thereafter visited the Opposite Party No.3 a number of times, but till date neither the phone was repaired nor replaced and handed over to the Complainant. When all the frantic efforts made by the Complainant, failed to fructify, as a measure of last resort, alleging that the aforesaid acts of the Opposite Parties tantamount to deficiency in service and unfair trade practice, the Complainant has filed the instant Complaint u/s 12 of the Consumer Protection Act, 1986, seeking various reliefs. 

  

2.     Notice of the complaint was sent to Opposite Party, seeking its version of the case.

 

3.     Opposite Party No.1 in its written statement while admitting the factual aspects of the case, has pleaded that whenever the Complainant visited the Service Centre for getting his mobile handset repair, it was timely repaired and returned to him, therefore, there was deficiency in service on its part. It has been asserted that after depositing the handset in question, the Complainant never approached the answering Opposite Party for replacement of disputed mobile handset. Denying all other allegations and stating that there is no deficiency in service on its part, answering Opposite Party has prayed for dismissal of the complaint.

 

4.     The Opposite Parties No.2 did not turn up despite service, hence it was proceeded ex-parte vide order dated 11.05.2015.

 

5.     The Opposite Party No.3 initially appeared through Sh.Radha Krishan, Service Incharge but subsequently it absented and therefore vide order dated 13.07.2015, it was ordered to be proceeded against ex-parte.

 

6.     The complainant has filed a rejoinder, wherein he has reiterated all the averments, contained in the complaint, and repudiated those, contained in the written version of Opposite Party No.1.

 

7.     Parties were permitted to place their respective evidence on record in support of their contentions.

 

8.     We have heard the learned Counsel for the Complainant and have perused the record along with the written arguments filed on behalf of Complainant. 

 

9.     The warranty of the mobile handset is valid for one year from the date of purchase. The mobile handset was given for repairs twice on earlier occasions. The Opposite Party No.3 repaired the same and handed over to the Complainant. On third occasion, when the mobile handset was non-functional, it is observed that the Opposite Party No.3 has not returned the same after repairs to the Complainant. Hence, there is a definite deficiency in service on the part of Opposite Party No.3.

 

10.     The Opposite Parties No.2 & 3 did not appear to contest the claim of the complainant and preferred to proceed against ex-parte. This act of the Opposite Parties No.2 & 3 draws an adverse inference against them. The non-appearance of the Opposite Parties No.2 & 3 shows that they have nothing to say in their defence against the allegations made by the complainant. Therefore, the assertions of the complainant go unrebutted & uncontroverted.

 

11.     In the light of above observations, the present complaint of the Complainant deserves to succeed against the Opposite Parties No.1 & 3, and the same is allowed, qua them. The Opposite Parties No.1 & 3 are directed, jointly and severally, to:-

 

[a]  To replace the defective handset of the Complainant with a brand new one of the same make, model and configuration, with fresh warranty.

 

[b]  To pay Rs.5,000/- as compensation for mental agony & harassment suffered by the complainant;

 

[c]  To pay Rs.5,000/- as costs of litigation.

 

 

          The Complaint stands dismissed qua Opposite Party No.2.

 

12.     This order be complied with by the opposite parties No.1 & 3, within 30 days from the date of receipt of its certified copy, failing which they shall be liable to refund the cost price of the mobile handset i.e. Rs.7990/-, as well as compensation amount of Rs.5,000/- along with interest @9% p.a. from the date of filing of the present complaint, till realization, besides payment of litigation costs as in sub-para [c] above. 

 

13.     The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

15^th September, 2015                                

Sd/-

(P.L. AHUJA)

PRESIDENT

 

 

Sd/-

(SURJEET KAUR)

MEMBER

 

 

Sd/-

(SURESH KUMAR SARDANA)

MEMBER