Punjab

Sangrur

CC/251/2016

Karnail Singh - Complainant(s)

Versus

Managing Director/Authorised Signatory - Opp.Party(s)

Shri Ritesh Jindal

21 Jul 2016

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                             

                                                          

                                                                  Complaint no. 251                                                                                        

                                                                  Instituted on:  04.02.2016

                                                                   Decided on:    21.07.2016

 

Karnail Singh son of Bhajan Singh resident of village  Lakhewal, Sub Tehsil Bhawanigarh, Tehsil and District Sangrur.  

                                                …. Complainant

                                Versus

1. M/s Intex Technologies India Limited  D-8/2, Okhla, Industrial Area Phase-II, New Delhi, through its Managing Director/ Authorized Signatory;
2. M/s Bansal Sales Agencies, Adjoining syndicate Bank, Dhuri, Tehsil Dhuri, District Sangrur through its proprietor/ authorized signatory.
3. Kattri Telecom, Opposite Bus Stand, Patiala Road, village Channo Tehsil & District Sangrur through its Proprietor/ authorized signatory.   

 

                                          ….Opposite parties.

 

 

FOR THE COMPLAINANT    :    Shri Ritesh Jindal,  Advocate                          

 

FOR  THE OPP. PARTIES     :     Exparte.

 

 

Quorum

         

                    Sukhpal Singh Gill, President

K.C.Sharma, Member

Sarita Garg, Member

                 

 

ORDER:  

 

Sukhpal Singh Gill, President

 

1.             Karnail Singh complainant has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that he purchased Intex Mobile bearing model number Cloud- N12+ colour white  for Rs.5000/-  vide invoice number 483 dated 13/08/2015  from OP No.3 under  guarantee/ warranty one  year. After one month, the said mobile set had become out of order due to defect in its flash  for which the complainant approached the OP No.3 who kept the said set with it saying that it will be sent to the OP No.2 and issued job sheet number 510246042002T001. On 30.10.2015 the OP no.2 returned the set with assurance that all the defects in the mobile set have been removed. Thereafter, the complainant found the functions of the mobile set has been decreasing and previous problems started. The complainant requested the OPs to replace/ repair the same  and OPs told the complainant that  the said mobile set will not give the problem in future but inspite of this the mobile set again started giving problem. Thus, alleging deficiency in service on the part of OPs, the complainant has sought following reliefs:- 

i)      OPs be directed to replace the defected mobile set with new one or to refund the purchase amount i.e. Rs.5000/- along with interest @18% per annum from the date of purchase till realization,

ii)     OPs be directed to pay to the complainant a sum of Rs.25000/- as compensation   on account of mental agony, harassment and Rs.10,000/- as litigation expenses.

2.             Notices were issued to the OPs number 1&2 but despite service OPs no. 1&2 did not appear and as such OP no.1&2 were proceeded exparte.

3.             OP no.3 has appeared through Shri Pardeep Kumar on 28.03.2016 and filed reply wherein it has been stated that mobile set in question was purchased by the complainant  from it. However, the warranty is to be honoured by the company itself. Thereafter on 08.07.2016 none has appeared for the OP No.3 and OP No.3 was also proceeded exparte.  

4.             In his exparte evidence, the complainant has tendered documents Ex.C-1 to Ex.C-4 and closed evidence.

5.             From the perusal of documents placed on the file and after hearing the arguments of the learned counsel for the complainant, we find that the complainant had purchased Intex Mobile bearing model number Cloud- N12+ colour white for Rs.5000/-  from OP No.3 vide invoice number 483 dated 13/08/2015  under  guarantee/ warranty one  year which is Ex.C-3 on record. The complainant's specific case is that after one month, the said mobile set had become out of order due to defect in its flash  for which the complainant approached the OP No.3 who kept the said set with it saying that it will be sent to the OP No.2 and issued job sheet number 510246042002T001  but the defects could not be rectified and ultimately OPs No.2&3 refused to  repair or replace the mobile set in question.  The complainant has also produced report of an expert namely Damanjit Singh proprietor of Singh Connectivity, Phirni road, Sangrur  along with his affidavit   which are Ex.C-4 and Ex.C-1 respectively wherein it has been stated  that  after thorough checking  he found that there is manufacturing defect  in the mother board  of the set  and due to that reason the mobile was  giving problems of flash and in its functioning. But, from the perusal of entire record on the file we find that the complainant has not produced  any job sheet as stated in the complaint which could show that the complainant has approached the OPs with the complaint of flash/defect in the mobile set. Moreover,  expert has only stated there is manufacturing defect in the mother board of the set and due to that reason the mobile was giving problem of flash but  he has  not stated that the defects of the mother board and flash cannot be rectified by repair. Moreover, he has not explained the  manufacturing defect in details.  The  complainant has not produced any certificate of the expert regarding his qualification/ experience on record.

6.             For the reasons recorded above, we find  that the complainant has miserably failed to prove that there is any manufacturing defect/ defect in the mobile set in question for which he approached the OPs and OPs had not redressed his grievance. Accordingly, we dismiss the complaint of the complainant,  however with no order as to costs. Copy of the order be supplied to the parties free of charge. File be consigned to records in due course.                  

                Announced

                July 21, 2016

 

 

 

 

  ( Sarita Garg)    ( K.C.Sharma)          (Sukhpal Singh Gill)                                                                                                                        Member          Member                                President

 

 

 

 

 

BBS/-