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

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Kamal Kishore Sharma, s/o Sh.Chakradhar Sharma, r/o # 375/2, Sector 40-A, Chandigarh

…..Complainant

                           V E R S U S

1]L.G. Electronics Pvt. Ltd., SCO No. 142-143, 3^rd Floor, Sector 34-A, Chandigarh – 160002, through it Manager.

2]Naresh Departmental Store, SCO 1026, Sector 22-B, (Opp. Main Bus Stand), Chandigarh – 160022, through it Proprietor.

                                  ……Opposite Parties

CORAM:  SH.JAGROOP SINGH MAHAL        PRESIDENT

              DR.(MRS) MADHU BEHL       MEMBER

Argued by: None for complainant.

 OPs exparte.

PER DR.(MRS) MADHU BEHL,  MEMBER

             Succinctly put, the complainant purchased a mobile phone LG-GB230 for Rs.6,190/- from OP-2 (registered dealer of OP-1). The complainant stated that he dialed toll free number which was provided on the box of the mobile and came to know that the (MOP) Market Operating Price of the said mobile was Rs.5,899/-. When he approached to OP-2 regarding the above fact it was told by OP-2 that the MOP was not at all considered and they could charge more than MOP. The complainant submitted that OP-2 had also provided him the fake information that the mobile was expandable upto 4 GB but actually it was expandable only upto 2 GB. As per the complainant the said mobile was also not functioning properly. The complainant visited the office of OPs several times regarding the above facts but was of no use at all.  Hence this complaint alleging that the aforesaid acts of the OPs amount to deficiency in service and unfair trade practice which caused him inconvenience and mental & physical harassment.

2.             Notice was served to the OPs. The Representative of OP-1 appeared and sought time to file reply and evidence. After that none appeared on behalf of the OPs.  Accordingly the OPs were proceeded ex-parte. 

3.             The complainant led evidence in support of his contention.

4.             We have perused the record. 

5.             The main grouse of the complainant is that he purchased a mobile phone LG-GB230 from OP for Rs.6,190/- but according to the company`s MOP, the price of the said mobile was Rs.5,899/-. Annexure C-1, shows that the OP has sold the said mobile for Rs.6,190/- which included Rs.5951.92P as the cost of the said mobile and Rs.238/- as VAT @4%(which is essential to sell a product) total amounting  Rs.6,190/-. There is a difference of only Rs.52.92P. However the complainant has not produced any evidence to prove that the price of Mobile set was Rs.5,899/- as alleged by him.  The complainant has also not been able to prove if the said mobile was expandable upto 4GB. Thirdly there is no job sheet placed alongwith the complaint to prove that the said mobile set was having any problem or was not functioning properly.

6.      In the absence this evidence, in our opinion the complaint is false and frivolous and it has no merit and the same deserves dismissal.  We order accordingly.   

              Certified copies of this order be sent to the parties free of charge.  The file be consigned.