DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.

   CONSUMER COMPLAINT NO.138 of 15

                                           DATE OF INSTITUTION: - 1.5.2015

                                                     DATE OF ORDER: -21.7.2015

Kailash son of Son of Shri Ravinder Singh, resident of tehsil and district Bhiwani.

    ……………Complainant.

VERSUS

1. Malik Communication, Samsang Authorized Mobile Service Centre, Shop No.1, on Ganpat Rai Hospital, Bhiwani.
2. The General Manager, India Electronics Ltd. Tower “C” 2^nd Floor, Vipul Tank, Sector-43, Gurgaon.
3. The Manager, Universal Mobile Care, Hansi Gate, Bhiwani.

………….. Opposite Parties.

COMPLAINT U/S 12 OF CONSUMER PROECTION ACT

BEFORE: -    Shri Rajesh Jindal, President

  Shri Balraj Singh, Member

  Smt. Anita Sheoran, Member

Present:-  Complainant in person.

       OPs ex parte.

ORDER:-

Rajesh Jindal, President:

          In brief, the grievance of the complainant is that he had purchased one Handset of Samsung Company for a sum of R.9900/-. It is alleged that soon after purchase the Hand Set became defective within warranty period and complaint was lodged with the respondents. The complainant visited the service centre of respondent company several times and requested to repair the same but it flatly refused to do the needful. Hence the complainant was deprived of use of the Hand Set and suffered a loss. Now the complainant has claimed the replacement of the Hand Set along with compensation and costs by way of filing present complainant.

2.                Opposite Parties have failed to come present despite service. Hence, they were proceeded against ex parte by this Forum vide order dated 3.7.2015.    

3.                 In order to make out his case, the complainant has placed on record Annexure “C1” Photostat copy of Bill dated 4.5.2014, Annexure “C2” Photostat copy of Job Sheet along with supporting affidavit.

4.                We have gone through the record of the case carefully and have heard complainant, in person.

5.                 The complainant reiterated the contents of the complaint.  He argued that the Mobile Hand Set on the instructions of Opposite Party No.3 was delivered to Opposite Party No.1 for repairs but till date Mobile Hand Set has not been returned by the opposite party No.1 despite repeated requests. In support of her contention he referred Photostat copy of bill dated 4.5.2014 Annexure C1, Photostat copy of Job Sheet Annexure C2. The evidence adduced by the complainant before this District Forum has un-rebutted and unchallenged as the opposite parties did not appear and contest the claim. Keeping in view the facts, as narrated by counsel for the complainant, we hold that the Opposite Parties are guilty of deficiency in service. We partly allow the complaint of the complainant and direct the Opposite Parties to repair the Mobile Hand Set of the complainant by replacing the defective parts and hand over the Mobile Hand Set to the complainant in working condition within 30 days from the date of passing of this order. A sum of Rs.1500/- is also awarded to the complainant against the Ops on account of mental agony and harassment.

          Certified copies of the order be sent to the parties free of costs.  File be consigned to the record room, after due compliance.

Announced in open Forum.

Dated: .21.7.2015.                                                    (Rajesh Jindal)

                                                                                       President,      

                                                                           District Consumer Disputes

                                                                           Redressal Forum, Bhiwani.

(Anita Sheoran),                (Balraj Singh),   

Member.                                 Member.