BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FEROZEPUR.
C.C. No.356 of 2014 Date of Institution: 19.9.2014 Date of Decision: 23.2.2015
Raj Kumar, aged 45, son of Hari Ram, resident of Village Kera Khera, Tehsil Abohar, District Fazilka, Mobile 94170-07440.
....... Complainant
Versus
Maa Bhagwati Enterprises, Opposite Street No.11, Circular Road, Abohar-152116, Tehsil Abohar, District Fazilka, through its Proprietor/Owner/ Partner.
........ Opposite party
Complaint under Section 12 of the Consumer Protection Act, 1986. * * * * *
PRESENT:-
For the complainant : Sh. S.P. Khariwal, representative
For the opposite party : N o n e
QUORUM
S. Gurpartap Singh Brar, President
S. Gyan Singh, Member
ORDER
GURPARTAP SINGH BRAR, PRESIDENT:-
Brief facts of the complaint are that the complainant purchased one mobile of Model Carbon from the opposite party vide bill No.1411 dated 31.8.2013 for Rs.8500/-. At the time of purchase of the said mobile,
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it was represented to the complainant by the opposite party that the mobile in question is of excellent quality and if at all any defect occurs, either the defect will be rectified or the mobile will be replaced free of cost. The product carried a warranty for a period of one year, but the opposite party did not issue the warranty card. Further it has been pleaded that the mobile set purchased by the complainant worked properly for some period, but thereafter it started giving problem and there were number of defects, including touch screen stopped working. If the complainant received the telephone call, the number was not displayed on the screen and moreover, the complainant could not listen and he was unable to dial and these defects made the mobile unworkable. The complainant reported the matter to the opposite party and also handed over the set to the opposite party on 23.6.2014 for carrying out necessary repairs as per the Job Sheet issued to the complainant. The mobile set is still lying with the opposite party, but it has not been repaired nor new set has been delivered to the complainant. The complainant has been deprived from the usage of the mobile set and he is suffering a lot of harassment and mental inconvenience. Pleading deficiency in service on the part of the opposite party, the complainant has prayed that the opposite party be directed either to replace the defective set with a new one in good working order or to refund the price of the mobile set. Further a sum of Rs.5000/- has been claimed as compensation for
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harassment and Rs.1000/- as litigation expenses.
2. Upon notice, one Mr. Naval appeared and filed his authority letter on behalf of the opposite party on 27.10.2014 and the case was adjourned to 5.11.2014 for filing written reply by the opposite party, on which date the Quorum was incomplete and the case was again adjourned to 10.11.2014 for further proceedings. On 10.11.2014, written reply was not filed by the opposite party and considering the request of the representative of the opposite party, the case was adjourned to 14.11.2014 for filing written reply subject to payment of cost of Rs.500/-. On 14.11.2014, neither costs of Rs.500/- was paid nor written reply filed. Even nobody come present on behalf of the opposite party. Therefore, observing that the opposite party failed to file its written reply within the stipulated period despite availing sufficient opportunity for the same and no further opportunity was permissible to be granted to the opposite party for filing written reply to the complaint, the case was fixed for evidence of the complainant.
3. Representative of the complainant tendered into evidence Ex.C-1 to Ex.C-3 and closed evidence on behalf of the complainant. On the other hand, neither anybody come present on behalf of the opposite party on any date of hearing of the present complaint since 14.11.2014 onwards nor any evidence was led by the opposite party despite providing sufficient
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opportunity for this purpose. Therefore, evidence of the opposite party was closed by order dated 16.12.2014.
4. We have heard the representative of the complainant and have also gone through the file.
5. Purchase of the mobile handset in question has been proved from photo copy of Vat Invoice No.1411 dated 31.8.2012 Ex.C-2. Photo copy of Customer Receipt/Service Job Sheet Ex.C-3 reveals that the mobile handset in question was under warranty and it is lying deposited with the opposite party since 23.6.2014 with the complaint of ‘Touch Panel Faulty/VOC27”. The version of the complainant has been fully corroborated with his duly sworn affidavit Ex.C-1. On the other hand, the opposite party has failed to file its written reply or lead any evidence to rebut the averments levelled in the complaint by the complainant, which amounts to implied admission of the allegations of the complainant by the opposite party. Therefore, in the circumstances of the case, we have no option, but to accept the unrebutted and unchallenged version of the complainant. The opposite party has failed to provide after sale service of the mobile handset in question to the complainant, which amounts to deficiency in service on the part of the opposite party. The opposite party is liable to replace the mobile handset in question with new one defect free mobile handset besides payment of suitable compensation for harassment
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and litigation expenses.
6. In view of what has been discussed above, this complaint is accepted and the opposite party is directed to replace the mobile handset in question with new one defect free mobile handset of same make and model and deliver the same to the complainant with Rs.2000/- as consolidated compensation for harassment and litigation expenses. The old mobile handset in question has already been lying deposited with the opposite party, as discussed above. This order is directed to be complied with within a period of thirty days from the date of receipt of a copy of this order. File be consigned to the record room.
Announced
23.2.2015 (Gurpartap Singh Brar) President
(Gyan Singh) Member