Punjab

Nawanshahr

CC/47/2017

Paramjit Kaur - Complainant(s)

Versus

Marwaha Telecom - Opp.Party(s)

In Person

23 Oct 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SHAHEED BHAGAT SINGH NAGAR

 

                     Consumer Complaint No.  47 of 05.09.2017

                      Date of Decision             :   23.10.2017

 

 

Paramjit Kaur D/o Pal Singh S/o Mela Ram R/o Village Mojowal Mazara, Tehsil Balachaur, District Shaheed Bhagat Singh Nagar, Punjab.

                                                          ….Complainant

Versus

1. Marwaha Telecom, Garhshankar Road, Shop No.5, Falora Market, Balachaur District SBS Nagar, Punjab Mobile No.9872163722, 99883 – 29092.
2. Manager, Micromax Informatice Limited, 21/14A, Phase-II, Naraina, Industrial Area, Delhi 110028, Phone No.011-49790000.

                                                                    ….Opposite Parties

                   Complaint under Section 12 of

The Consumer Protection Act, 1986

cOUNSEL FOR THE PARTIES:

For complainant   :         In person.

For OPs                :         Ex parte.

 

QUORUM:

S.KARNAIL SINGH, PRESIDENT

S.KANWALJEET SINGH, MEMBER

ORDER

S.KAANWALJEET SINGH, MEMBER

Brief facts of the complaint are that the complainant has purchased the mobile phone Q4101 from OP-1 of Rs.5200/- on 24.01.2017. After two months from the purchase of the phone, the mobile phone started to create problem of stop charging, then the complainant contacted with the Customer Care, who retained the mobile phone for a week and they returned the same to the complainant and asked them to change the battery.  They told to the complainant that now they could not do anything they received Rs.850/- for change of battery and Rs.100/- for change of jeck and complainant received the mobile phone lastly on 04.09.2017.  When the mobile phone in question was put on charging then it was not functioning properly then on the very next day, the complainant approached to OP-1 then they told to the complainant that phone could not be repaired and  she required to contact with dealer and accordingly, she contacted OP-1 and then OP-1 told that throw the said mobile phone because it cannot be repaired.  OP-1 neither return the mobile phone nor repaired the same. As such, the OPs have negligent and deficient in consumer services and as such, the present complaint filed with prayer that complaint of the complainant be accepted and OPs be directed to replace the mobile set in question with new one and further OPs be directed to pay compensation.

1. Notice of the complaint was given to the OPs but despite service OPs did not come present and ultimately OPs were proceeded against ex parte.    
2. In order to prove ex parte case, Ms.Paramjit Kaur, complainant, has tendered her affidavit Ex.CW1/A alongwith photocopies of documents Ex.C-1 to Ex.C-5 and closed the evidence.
3. We have heard the complainant and also gone through complaint file alongwith documents very minutely.
4. We have carefully examined the record placed on the file by complainant.  Ex.C-1 of 24.01.2017 is cash memo of Rs.5200/- regarding price of mobile phone, as sold by OP-1, Ex.C-3 is customer information slip which shows the problem in the mobile set in question i.e. “Data Cable Replaced/Old Received” and Ex.C-5 is also Customer Information Slip showing the problem in the hand set is “Battery Charge”, Ex.C-4 is Visiting Card of OP-1.  From the perusal of Ex.C-1 to Ex.C-5, it is prima facie prove that inspite of repair/change the battery, jack of the mobile, the same is totally dead under warranty period as per version of the complainant.  Resultantly, the OPs did not provide the mobile set in proper manner nor the OPs repaired the same inspite of receiving Rs.950/- from the complainant and thus it is established that there is manufacturer defect which is not repairable.  So it is assume that OPs are deficient in providing consumer Services to the complainant. As such, complainant is entitled for relief. 
5. In the light of above discussion, the complaint filed by complainant is partly ex parte accepted and OPs are directed to replace the mobile set in question with new one of the same model & price after getting back the old mobile from complainant and also directed to pay compensation to the tune of Rs.2,000/-.
6. Entire compliance be made by the OPs within a period of 30 days from the date of receipt of copy of this order.
7. Copies of the order be sent to the parties, as permissible, under the rules.

Dated 23.10.2017                                                         

 

                                     

(Kanwaljeet Singh)                (Karnail Singh)

Member                                  President