Haryana

Bhiwani

CC/483/2019

Nayan - Complainant(s)

Versus

Lenovo - Opp.Party(s)

M.C Sangwan

15 Sep 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

                                                                        Complaint No.: 483 of 2019.

                                                                        Date of Institution: 03.07.2019.

                                                                        Date of Decision:  15.09.2023.

 

Nayan Sangwan son of Sh. Mehar Chand Sangwan, Advocate resident of Gali No.16/2, Shanti Nagar, Kaunt Road, Dadri Gate, Bhiwani, tehsil and district Bhiwani.

.….Complainant.

                                         Versus

 

1. Lenovo Mobile Company, C/o Chhotu Ram Chowk, Bapu Aasram Market, Rohtak, Tehsil & District Rohtak, through its Manager/authorized person.
2. Sevenist Technologies, M9-Block M, West Patel Nagar, New Delhi-110008, PAN no. DVJPS4217, GSTIN-07DVJPS4217N1ZY.

 

…...Opposite Parties.

 

                     COMPLAINT UNDER SECTIONS 12 AND 13 OF

                     THE CONSUMER PROTECTION ACT, 1986.

 

Before: -      Mrs. Saroj Bala Bohra, Presiding Member..

                     Ms. Shashi Kiran, Member.

                    

Present:        Sh. MC Sangwan, Advocate for complainant.

                     OPs exparte vide order dated 12.03.2021.

 

ORDER:-

 

SAROJ BALA BOHRA, PRESIDING MEMBER

1.           Brief facts of the case are that the complainant had purchased a mobile bearing model No. Lenovo K8 Note Venom Black 4GB from the OPs on dated 28.09.2018 amounting to Rs.10,299/- and the said mobile was not working properly.  It is alleged that the mobile is working properly only 4/5 months and after 4/5 months, mobile was not working proper because mobile software and battery is faulty and mobile switch off many times.  The complainant visited the office of OP no. 1 and told all the facts and the OP gave a job sheet on dated 8.6.2019 and after 2/2 ½ hour the OP no. 2 clearly denied to repair above said mobile. The complainant visited many a time in the office of OP no. 1 but to no avail. The complainant made various complaints to OP 1 who neither repaired the mobile phone nor show any interest to replace that defective mobile that amounts to a grave deficiency in service on the part of the OPs.  So, the complainant has come to this Commission and has filed the present complaint with the prayer to direct the OPs either to replace the mobile with new one or to pay a sum of Rs.30,000/-as compensation  and litigation expenses.
2.           No one has appeared on behalf of OPs.  Hence they were proceeded against exparte vide order dated 12.3.2021.

3.                  In order to prove his case, the complainant has filed his sworn affidavit Ex.CW1/A alongwith documents Annexure C1 to Annexure C2 in his exparte evidence and closed the same vide his separate statement dt.18.05.2013.

4.                  We have heard the arguments advanced by learned counsel for the complainant  and gone through the material on record thoroughly and carefully.  The grievance of the complainant is that he has purchased a mobile bearing model No. Lenovo K8 Note Venom Black 4GB from the OPs on dated 28.09.2018 amounting to Rs.10,299/- which is Annexure C-1 and the said mobile was not working properly.  It is alleged that the mobile is working properly only 4/5 months and after 4/5 months, mobile was not working proper because mobile software and battery is faulty and mobile switch off many times.  The complainant visited many a time in the office of OP no. 1 but to no avail.  In the warranty card as Annexure C-2, in which it is mentioned that the mobile phone is under warranty.    In our view, it was the duty of the OPs to repair the mobile or to replace it with new one but the OPs not to repair nor replace the same and that amounts to a grave deficiency in service on the part of the OPs.

5.               With these observations and findings, the present complaint of the complainant is hereby allowed and direct the OPs to pay the cost of mobile i.e. Rs.10,299/- alongwith interest @ 9% p.a. from the date of filing of the present complaint i.e. 03.07.2019 till its realization and shall also pay  a sum of Rs.5,000/- (Rupees five thousand only) as compensation on account of deficiency in service and Rs.5500/- (Rupees five thousand five hundred only) as litigation expenses to the complainant.  The complainant is directed to hand over the old mobile to the OPs.  Order shall be complied within one month from the date of decision.

                  Copy of this order be supplied to both the parties free of costs.  File be consigned to the record room after due compliance.

Announced in open Commission.

Dated: - 15.09.2023

 

 (Shashi Kiran)          (Saroj Bala Bohra)               

   Member.                Presiding Member,

                                                District Consumer Disputes

                                               Redressal Commission, Bhiwani.

 

 

Present:        Sh. MC Sangwan, Advocate for complainant.

                     OPs exparte vide order dated 12.03.2021.

 

                    Arguments heard.  Vide separate detailed order of even date, the present complaint stands allowed.  File be consigned to the record room after due compliance.

 

                   

Dt:15.9.2023           Member.                   Presiding Member,

                                                               District Consumer Disputes

                                                              Redressal Commission, Bhiwani.