Before the District Consumer Disputes Redressal Forum, Rohtak.

                                                          Complaint No. : 519.

                                                          Instituted on     : 05.09.2017.

                                                          Decided on       : 23.10.2018.

Tarun Garg, 855/17, M/s Pawan & Sons, Below the fly over, Near Mahajan Padav, Jhajjar Road, Rohtak(Haryana).

                                                          .......................Complainant.

                             Vs.

1. Health & Happiness Pvt. Ltd. WZ-199/2, Near Shiv Mandir, Madipur village, New Delhi PIN 110063 through its Manager.
2. Lenovo Authorized Service Centre, SCF 24-A, First Floor, HUDA Complex, Rohtak through its Manager/In-charge.
3. Lenovo(India) Pvt. Ltd. Vatika Business Park, 1^st Floor, Badshahpur Road, Sector-49, Sohna Road, Gurgaon-122001 through its Manager/Incharge.

                                                          ……….Opposite parties.

          COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.

BEFORE:  SH.NAGENDER SINGH KADIAN, PRESIDENT.

                   SMT.SAROJ BALA BOHRA, MEMBER

Present:       Sh.R.K.Jangra, Advocate for the complainant.

                   Opposite parties exparte.

                                      ORDER

NAGENDER SINGH KADIAN, PRESIDENT:

1.                          Brief facts of the case are that complainant has purchased a mobile set Lenovo K6 online vide Invoice dated 27.12.2016 for Rs.9999/-. That the mobile was imported and marketed by opposite parry No.1 and 3. That the mobile in question was having manufacturing defect from the date of its purchase. There were many complaints in the phone e.g. hanging, power off, heating, power switch not working and call drop etc.  That complainant contacted the OP No.2 but the defects could not be removed by the OPs. That the phone is still not working properly. That complainant requested the OPs either to replace the mobile or to refund the price of mobile set and also sent a legal notice but to no effect. That there is deficiency in service on the part of OPs. As such, it is prayed that opposite parties may kindly be directed to refund the price of mobile set and also to pay compensation and cost of litigation as explained in relief clause.

2.                          After registration of complaint, notice was issued to the opposite parties. Notice sent to opposite party no.1 received back with the report of refusal and notice sent to OP No.3 through registered post but none appeared on behalf of OP No.1 & 3 and OP No.1 & 3 were proceeded against exparte vide order dated 23.10.2017 of this Forum. Opposite party No.2 appeared but did not file any reply and was proceeded against exparte for non-appearance vide order dated 10.09.2018 of this Forum.

3.                          Ld. counsel for the complainant has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C11 and closed his evidence.

4.                          We have heard learned counsel for the complainant and have gone through material aspects of the case very carefully.

5.                          Perusal of the record reveals that the complainant had purchased the mobile on 27.12.2016 and as per job sheet Ex.C2 and Ex.C3 there was defect in the mobile set from the very date of its purchase.  As per the complainant the defects could not be removed by the OPs despite his repeated requests. Complainant also served legal notice Ex.C9 upon the opposite parties.  On the other hand, opposite parties have not appeared before this Forum for the rebuttal against the pleadings of the complainant placed on the file and remained exparte in the present case. As such all the allegations leveled against the opposite parties regarding defective mobile set stands proved. As the complainant has lost faith in the company and its product, so it is better to refund the price of mobile phone.

6.                          Accordingly the complaint is allowed and it is directed that opposite party No.3 i.e. manufacturer shall refund the price of mobile set i.e. to pay Rs.9999/-(Rupees nine thousand nine hundred ninety nine only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 05.09.2017 till its realization and shall also pay a sum of Rs.2000/-(Rupees two thousand only) as litigation expenses  and Rs.2000/-(Rupees two thousand only) as compensation on account of deficiency in service to the complainant within one month from the date of decision.  However, complainant is also directed to hand over the mobile in question to the OP No.3 at the time of payment by the OP No.3.

7.                         Copy of this order be supplied to both the parties free of costs.

8.                          File be consigned to the record room after due compliance.

Announced in open court:

23.10.2018.

                                                          .....................................................

                                                          Nagender Singh Kadian, President

                                                                        ……………………………….

                                                                        Saroj Bala Bohra, Member