Haryana

Yamunanagar

CC/73/2014

Rajesh Kumar S/o Subhash Chand - Complainant(s)

Versus

Manish Communication - Opp.Party(s)

Advesh Kumar Chaudhary

13 Mar 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR

 

                                                                                                 Complaint No….. 73 of 2014.

                                                                                                 Date of institution: 31.1.2014.

                                                                                                 Date of decision: 13.3.2015

Rajesh Kumar son of Sh. Subhash Chand resident of House No. 738/2, New F.C.I. Godown, Durga Garden, Jagadhri, Tehsil Jagadhri, Distt. Yamuna Nagar.

 

                                                                                                                       …Complainant.

                                    Versus

 

1. Proprietor/ Partner, Manish Communication, Near Buria Gate, Opp. Arya Kanya Pathshala, Jagadhri, Tehsil Jagadhri, District Yamuna Nagar.   

2. Karbonn Mobile (A UTL-Jaina Marketing Association) D-170, Okhla Industrial Area, Phase-I, New Delhi-110020.  

3. Cell Point Karbonn Mobiles Service Station, near Mohan Chiken Centre, Bus Stand Road, Yamuna Nagar, through its authorized person. 

 

                                                                                                                  …opposite parties.

                        Complaint under section 12 of            

                        the Consumer Protection Act.

 

CORAM:          SH. A.K.SARDANA PRESIDENT,

                        SH. S.C.SHARMA, MEMBER.

 

Present:  Sh. Avdesh Kumar Chaudhary, Advocate, counsel for complainant.

               OPs ex-parte.             

             

 

ORDER

 

                        Brief facts leading to the institution of present complaint are that the complainant purchased a mobile set S-5 Make Karbonne from the OP No.1 against bill No. 531 dated 17.10.2013 for a sum of Rs. 11900/- and the OPs have given  warranty of one year on the said mobile in respect of any kind of defects in the mobile set but just after one month of its purchase, the display of the mobile set washed away/ destroyed and the same has not been working. The complainant approached the OP No.1 regarding the said defect who told him that the defect is a manufacturing one and advised him to approach OP No.3 for the said defect. The complainant approached the OP No.3 (service centre) on 21.11.2013 and was assured that the mobile will be replaced with a new one within 10 days. So, on the assurance of OP No.3, the complainant handed over the mobile set to him who issued a job card bearing serial No.1153 dated 21.11.2013 to the complainant. Thereafter, the complainant approached the OP No.3 after 10 days and requested him to give new mobile set but was again given a date for 10 days and OP No.3 continued extending the date till 15^th January 2014 and thus lingered on the matter on one pretext or the other. Thereafter, the complainant visited the office/shop of Op No.1 many times for replacement of mobile set in question who too lingered on the matter on one pretext or the other and finally refused to return the mobile set in question which amounts to negligence and deficiency in service on the part of the OPs. The complainant has, thus, prayed for directing the OPs to replace the mobile set with a new one or in the alternative to refund a sum of Rs. 11,900/- alongwith interest at the rate of 18% per annum from the date of payment till its realization and also to pay compensation as well as litigation expenses etc. 

2.                     Upon notice, OPs failed to appear despite service through registered post and as such they were proceeded against ex-parte vide order dated 15.4.2014.

3.                     To prove his case, complainant tendered into evidence his affidavit as Annexure CX and documents as Annexures C-1 to C-3 and closed his evidence.

4.                     We have heard the learned counsel for the complainant and have gone through the pleadings as well as documents placed on the file. From the perusal of Annexure C-1,  it is clear that the complainant had purchased mobile set from the OP No.1 on 17.10.2013 by paying a sum of Rs. 11,900/-. The complainant has alleged that the mobile set in question became defective after one month from its purchase and the defects could not be rectified by the Ops.  From the perusal of Annexure C-2, it is clear that there  were problems in display & touch screen of the mobile set.  As the same was within warranty period, having no other alternative, the complainant has to file the present complaint before this Forum for redressal of his grievances. It is pertinent to mention here that the defects in the mobile set were brought to the notice of OP No.3 on 21.11.2013 i.e. just within 1 ¼ months of its purchase.  Moreover, the version of the complainant goes unrebutted as opposite parties have failed to defend their case.

                        In view of the facts narrated above, we are of the confirmed view that Ops No.2 & 3 have failed to provide proper services to the complainant qua the mobile in question and thus they are guilty of providing deficient services to the complainant. Hence, in these circumstances, we have no option except to allow the present complaint and thus we direct the Ops  No.2 & 3 to comply with the following directions within 30 days from the communication of this order:-

1. To replace the mobile set of same model  having same price to the complainant and if same model is not available then to refund the cost of mobile set amounting to Rs. 11,900/- alongwith interest at the rate of 9% per annum from the date of filing of complaint till realization.
2. To pay a sum of Rs. 3000/- as cost of proceedings.

                         The aforesaid directions must be complied with by the OP No.2 &3 within the stipulated period failing which the complainant shall be entitled to invoke the jurisdiction of this Forum under section 27 of the Consumer Protection Act for getting the order of this Forum complied with from the defaulting party. The complaint is decided accordingly in the above terms. Copies of this order be sent to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance.

Announced:13.3.2015

                                                                                    (A.K.SARDANA )

                                                                                    PRESIDENT,

                                                                                     

 

                                                                                    (S.C.SHARMA )

                                                                                     MEMBER.