Haryana

Kurukshetra

168/2017

Sumit Sharma - Complainant(s)

Versus

lemomobile - Opp.Party(s)

Shekhar Thakur

17 May 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KURUKSHETRA.

                                                     Complaint Case No.168 of 2017.

                                                     Date of institution: 17.08.2017.

                                                     Date of decision:17.05.2018.

Sumit Sharma S/o Sh. Ram Pal, R/o Village Jyotisar, Tehsil Thanesar, District Kurukshetra, Haryana, Mobile No.99961-41316.

                                                                        …Complainant.

                        Versus

1. M/s. Lemobile Information Technology (Beijing) Co. Ltd., 11^th Floor, Umriya Business Bay, Ceuna Business Park, 11 and 11/2 Kadubessanahall, Village Outer Ringh Road, Varthur Mobile Banglore-560103 through its Managing Director.
2. Shreyash Retail Private Limited, Warehouse address SND Warehouse, Shed No.C1, Door No.4/195, Redhills Ambattur Road, Puzhal Village 600062, Chennai Tamilnadu India-600062 through its General Manager.
3. PNS Telecom, H.No.1835, Opposite Sector-17, near Ambedkar Chowk, Landmark Aggarwal Dentish, Kurukshetra through its proprietor.

….Respondents.

BEFORE     SH. G.C.Garg, President.

                Sh. Kapil Dev Sharma, Member.

       

Present:     Sh. Shekhar Thakur, Advocate, for the complainant.   

                Ops exparte.

               

ORDER

                This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Sumit Sharma against M/s. Lemobile Information Technology Co. Ltd. and others, the opposite parties.

2.            It is stated in the complaint that the complainant purchased one mobile handset LeECO Le 2 (Rose Gold, 32 GB) double Sim Letv, Model Le-X526 bearing IMEI No.86746602784636323 vide order No.0D506959699955333000 through Op No.2 through online from Kurukshetra and related bill of purchasing the said mobile set for a sum of Rs.11,999/- dt. 01.09.2016 was issued.  It is alleged that the touch screen of said mobile set started working itself due to some technical fault in the same. The complainant deposited the said mobile set with the service-centre of Ops on 26.04.2017 but the said problem could not be rectified by the service-centre of Ops.  It is further alleged that the complainant requested the Ops several times to repair or replace the mobile set with the new one but the Ops did not do so.  So, it is a clear cut case of deficiency in service on the part of Ops and prayed for acceptance of complaint with the direction to Ops to replace the defective mobile set of complainant with the new one or to pay the cost of mobile set and further to pay Rs.75,000/- as compensation for harassment and mental agony as-well-as Rs.5500/- as litigation charges.   

3.              Upon notice, the OP No.1 did not appear and opted to proceed exparte vide order dt. 08.11.2017.  Ops No.2 & 3 were also proceeded exparte vide order dt. 17.05.2018. 

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

5.             From the cash memo, it is made out that the Unit in question was purchased on 02.09.2016 for the sale consideration of Rs.7,099/-. From the perusal of complaint and other documents, it is clear that the unit became defective within the warranty/guarantee period and despite  several requests, the defects could not be removed from the said mobile set.  In these circumstances, the complainant is entitled to get it replaced from Op No.3, who is manufacturer of the unit in question.

6.            In view of our above said discussion, the complaint of the complainant is allowed and we direct the OP No.3 to replace the hand set of the complainant with new one of the same model.  The complainant is directed to deposit the old hand set along with bill and accessories with the service center of the company.  The order; be complied within a period of 60 days, failing which, penal action under Section 27 of the Consumer Protection Act, 1986 would be initiated against the opposite party No.3.  Copy of this order be communicated to the parties free of cost.  File be consigned to record after due compliance. 

Announced in open court:

Dt.:17.05.2018.  

                                                                        (G.C.Garg)

                                                                        President.

 

 

(Kapil Dev Sharma)         

                                        Member