Chandigarh

DF-I

CC/192/2016

Mr. Mukesh - Complainant(s)

Versus

Managing Director, GIONEE India Pvt. Ltd. - Opp.Party(s)

Jasdev. S. Thind

30 Sep 2016

ORDER

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

============

Consumer Complaint  No	:	CC/192/2016
Date  of  Institution	:	17/03/2016
Date   of   Decision	:	30/09/2016

 

 

 

 

 

Mukesh son of Sh. Jagdish Chander, resident of House No.2251-A, Sector 24, Chandigarh.

….Complainant

VERSUS

 

1.    Managing Director, GIONEE India Pvt. Limited, E-9, Block No.B-1, Ground Floor, Mohan Cooperative Industrial Estate, Mathura Road, New Delhi – 110044.

 

2.    Roshan & Company, SCO 1005, Sector 22-B (Opposite Bus Stand), Chandigarh, through its Proprietor.

 

3.    Alpha Infotech, 2068/1, 2, Main Market Near Raguvanshi Complex, Barail-45A, Chandigarh, through its Proprietor.

…… Opposite Parties

 

 

BEFORE: DR.MANJIT SINGH                     PRESIDENT

              SH.SURESH KUMAR SARDANA    MEMBER

 

For Complainant	:	Sh. J.S. Thind, Advocate.
For OPs No.1 & 3	:	Sh. Gautam Kumar, ASM (Service) (OP No.1 & 3 already ex-parte).
For OP No.2	:	Ex-parte.

 

PER SURESH KUMAR SARDANA, MEMBER

              The facts, in brief, are that the Complainant purchased one Gionee F103-1GB Black mobile handset from Opposite Party No.2 on 25.01.2016 vide Cash Memo Annexure C-1 for a total consideration of Rs.8700/-, for being gift it to his nephew on his marriage. But the same was returned back to the Complainant by his nephew saying that the gifted mobile handset was a faulty one, as it started created problem just after insertion of Sim Card. Its screen automatically turned into white and the handset also get hang and was neither getting switched off or on. Besides this, it also started heating while attending phone calls. Since the mobile handset was within warranty, the Complainant immediately reported the matter to the Opposite Party No.2, with a request to replace the defective mobile handset with a new one, but he refused and rather advised the Complainant to approach the Gionee Service Centre (Opposite Party No.3). Accordingly, on 15.02.2016, the Complainant deposited the mobile handset with Opposite Party No.3 vide Job Sheet No. GC16200059842 with the reported problem of LCD flickering, heat and hang problem. It has been alleged that the mobile handset in question has not been repaired and returned to the Complainant, despite his frantic efforts and personal entreaties.  Hence alleging the said acts amounted to deficiency in service and unfair trade practice on the part of the Opposite Parties, the complainant has filed the instant complaint.

2.        Notice of the complaint was sent to Opposite Parties, seeking their version of the case. Since nobody appeared on behalf of Opposite Parties despite service, therefore, they were proceeded ex-parte vide orders dated 10.5.2016 and 23.06.2016 respectively.
3.        Complainants led evidence.
4.        We have perused the record with utmost care and circumspection.
5.        In the present circumstances, the Opposite Parties have not appeared to contest the claim of the Complainant and preferred to proceed ex-parte which draws an adverse inference against them. The evidence of the Complainant has gone unrebutted against Opposite Parties. It is established beyond all reasonable doubts that the complaint of the Complainant is genuine. It is evident from Service Job Sheet (Annexure C-2) that the mobile handset in question was within warranty, when it was deposited with Opposite Party No.3 for carrying out necessary repairs. Further, it is borne on record that despite approaching the Opposite Parties to replace the defective mobile handset, they failed to redress the grievance of the Complainant and the mobile handset is still lying with the Opposite Party No.3. The harassment suffered by the Complainant at the hands of the Opposite Parties is therefore writ large. Thus, finding a definite deficiency in service on the part of the Opposite Parties, we have no other alternative, but to allow the present complaint against the Opposite Parties.
6.        In the light of above observations, the present complaint succeeds against the Opposite Parties. The same is allowed. We direct the Opposite Parties, jointly and severally, to:-

 

[a]   Refund Rs.8700/- being the invoice price of the mobile handset.       

 

[b]   Pay Rs.2,000/- as compensation on account of deficiency in service to the Complainant; 

 

[c]    Pay Rs.2,000/- towards costs of litigation;

 

7.        The above said order shall be complied within 30 days of its receipt by the Opposite Parties; thereafter, they shall be liable for an interest @9% per annum on the amounts mentioned in sub-paras [a] & [b] above from the date of institution of this Complaint, till it is paid, apart from costs of litigation mentioned in sub-para [c] above. 
8.        Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

30^th September, 2016                                                                                                                 sd/-        

[DR.MANJIT SINGH]

PRESIDENT

             

     Sd/-            

[SURESH KUMAR SARDANA]                                                                                                   

“Dutt”                                                                              MEMBER