BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.372 of 2016

Date of Instt. 29.08.2016

Date of Decision: 02.05.2017

Rajesh Kumar S/o Sh. Rameshwar Kumar C/o Ramasara H. No.6, Gali No.2, Near PAP Line Beant Nagar, Jalandhar Mob: 9646836004

..........Complainant

Versus

1. Makkar Enterprises Kaki Pind Rama Mandi Jalandhar.

(Through its Prop/Partner/Authorized Representative.)

2. M/s Gopal Telecom Ist Floor Nirmal Complex Namdev Chowk, Civil Lines Jalandhar 144001

(Through its Prop/Partner/Manager/Authorized Representative.)

3. Micromax informatics Ltd., 21/14 A, Phase-II Naraina, Industrial Area Delhi-110028.

(Through its Managing Director/Director/Authorized Representative.)

.........Opposite parties

Complaint Under the Consumer Protection Act.

Before: Sh. Karnail Singh, (President),

Sh.Parminder Sharma (Member)

Present: Complainant in person.

Opposite Party No. 1 to 3 Exparte.

Order

Karnail Singh (President)

1. This complaint filed by complainant with the prayer that he had purchased a mobile handset make Micromax Q 332, IMEI No.911443990005021 for Rs.5000/- vide invoice No.2030 dated 02.11.2015. One year warranty was given for above said mobile handset and at the time of sale of above said mobile handset it was assured by the OP No.1 that in case of any defect if arisen in the said mobile handset, it would be repaired or replaced immediately by their authorized service centre.

2. After five months from the date of purchase i.e. on 02.11.2015, the above handset became out of order. The main defects:- Automatic Close, Touch not working and Auto Off. His above said handset gone on 04.07.2016 in M/s Gopal Telecom, Ist Floor, Nirmal Complex, Namdev Chowk, Civil Line, Jalandhar after this date, he was going above said service centre but its employee told him to come after 20 days but till now above said service centre failed to return the above said mobile phone. Before 04.07.2016, complainant gave his above said handset to Micromax Service Centre three times but he failed to complete repair his phone. Due to non removal of defect/non replacement of said handset, the complainant has deprive off for the use of handset and has suffered a lot of mental tension, harassment and financial loss and as such necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to refund the cost of the mobile set i.e. Rs.5000/- and also pay compensation of Rs.60,000/- and litigation expenses Rs.1500/-

3. Notice of the complaint was given to the opposite parties but despite service, all the OPs did not come present and ultimately, they were proceeded against exparte.

4. In order to prove his exparte claim, complainant tendered into evidence his duly sworn affidavit Ex.C-1 alongwith documents i.e. Ex. C2 copy of Retail Invoice and Ex.C3 copy of Job Sheet dated 04.07.2016 and closed his exparte evidence.

5. We have heard the complainant in person and also scanned the file very minutely.

6. Precisely the case of the complainant is only that he purchased a mobile handset make Micromax for a sum of Rs.5000/- from OP No.1. An assurance was given to the complainant that whenever any defect or problem occur in the mobile set the same will be repaired or mobile set will be replaced and on this assurance the complainant purchased the said mobile after making a payment of Rs.5000/- and received a receipt/invoice of the same which is available on the file Ex.C-2 but after some time a problem was occurred in the mobile set regarding Automatic Close, Touch not working and Auto Off and accordingly the complainant submitted the said mobile handset to the service centre i.e. OP No.2, who issued a job sheet, wherein the defect is categorically mentioned but the said mobile set is not repaired by the OP No.2 which shows that there is a major defect in the mobile set and due to that reason, the same has not been repaired by the OPs. The version of the complainant is not rebutted by the OP. So, it is established that the allegations of the complainant are established and if there is a major defect in the mobile set then the complainant is entitled for refund of the price of the mobile set alongwith interest, compensation and litigation expenses.

7. In the light of above detailed discussion, the complaint of the complainant is partly accepted and opposite parties are directed to refund the price of the mobile set i.e. Rs.5000/- with interest @ 9% per annum from the date of filing complaint i.e. 29.08.2016 till realization and further OPs are directed to pay compensation of Rs.3000/- and litigation expenses of Rs.1000/-. The entire compliance of the order be made within 30 days from the date of receiving copy of order. Complaint could not be decided within stipulated time frame due to rush of work.

8. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.

Dated Parminder Sharma Karnail Singh

02.05.2017 Member President