BEFORE THE DISTT.CONSUMER DISPUTES REDRESSAL FORUM; FATEHABAD.

Complaint No.210 of 2016.

Date of Instt.:12.08.016.

Date of Decision: 03.02.2017.

Rajinder Kumar son of Ram Bhagat resident of villge Dhand Tehsil & District Fatehabad.

..Complainant

     Versus

1.Khurana Mobile Gallery, 103, Palika Bazar, Fatimabad (Authorized Dealer Lenovo Moblie)  Through its proprietor.

2.Chiptek System Shop No.4, Red Cross Market Hisar District Hisar (Authorized Service Centre).

3.M/s Lenovo Care Centre, The Call point S68-69, First Floor, Sahara Moll, MG Road, Gurgaon.

4.Lenovo PC HK Limited 23/F Lincoln House, Taikoo place, 979, King’s Road, Quarry Bay, Hongkong Lenovo India Pvt.Limited Ferns icon, Level-2 Doddenakundi, village Marathahall outer Ring Road, KR Puram, Hobli, Banglore-560037, Karnatka (India).

..Opposite Parties.

Before:        Sh.Raghbir Singh, President.

                   Smt.Ansuya Bishnoi, Member.      

Present:       Sh.Pawan Tandi, Advocate for complainant.

                   Opposite parties exparte.

ORDER

                   The complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against the opposite parties with the averments that he had purchased a mobile/Handset  Lenovo 5850 bearing IMEI No.866021028648045 and No.866021028648037 from OP No.1 for a sum of Rs.13500/- vide cash memo No. 11574 dated 03.07.2015. Mobile hand set was having one year warranty. It has been further averred that the mobile in question worked properly about 5 months and thereafter it developed problem as it started on/off at its own, therefore, the complainant approached OP No.1 but on his asking he visited OP No.2 but it demanded Rs.5200/- for getting the same repaired despite the fact that the mobile handset was under warranty period. It has been after averred that thereafter, the complainant visited the OP No.3 but it also refused to repair the same by writing on the job sheet that We cannot repair this handset.  The complainant requested the Ops to either to replace the handset or to repair the same but all in vain.  The act and conduct of the OPs clearly amounts to deficiency in service on their part. Hence, this complaint. In evidence, the complainant has tendered his affidavit Ex.CW1A and documents Annexure C1 & Annexure C2.

2.                Notices were sent to the OPs but none has turned up on their behalf, therefore, all the Ops were proceeded against exparte vide order dated 20.09.2016.

3.                We have heard the complainant and have gone through the case file carefully.

4.                It is established on case file that complainant purchased the mobile in question from opposite party no.1 vide invoice No.11574 on 03.07.2015 as is evident vide bill Annexure-1. Learned counsel for the complainant has argued that the mobile in question went out of order during warranty period but when the complainant visited OP No.2 for getting it repaired then Op No.2 demanded Rs.5200/- for putting the same in working condition. It has been further argued that the OP Nos. 2 to 4 neither replaced the same nor repaired it and have been deficient in providing service to the complainant.

5.                          Since the pleadings and contentions put forth by the complainant remained unrebutted as the Ops did not join the proceedings of the case and opted to remain exparte, therefore, we have no hitch to reach at a conclusion that the present complaint deserves acceptance against OP Nos.2 to 4 only. Since there is nothing on the file to prove deficiency in service against OP No.1, therefore, complaint against it stands dismissed. Hence, the present complaint  is allowed and the OP Nos.2 to 4 are directed to replace the mobile with a new one having the same value to the complainant on his depositing the handset alongwith all its accessories with them. This order should be complied jointly and severally within a period of 30 days from the receipt of this order, failing which the OP Nos.2 to 4 shall pay Rs.1,000/- to the complainant.  Copy of this order be supplied to the parties free of cost. File be consigned after due compliance.

Announced in open Forum.

Dated:03.02.2017.

                                                                   (Raghbir Singh)

                                                                   President,

(Ansuya Bishnoi)                                Distt.Consumer Disputes

      Member,                                                 Redressal Forum, Fatehabad.