BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 73 of 2015
Date of Institution : 13.4.2015
Date of Decision : 8.12.2015
Kuldeep s/o Sh.Purna Ram, r/o village Nahrana, Post Office Makhosharani,Tehsil and distt.Sirsa.
….Complainant.
Versus.
- Managing Director, Karbon Mobile, D-170, Okhla Industrial Area, Phase-1, New Delhi-110020 (India).
- M/s Service Zone, 89 Ist Floor, Bishnoi Market, opposite Radha Swami Satsang Ghar, Sirsa (Hry).
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SMT.GURPREET KAUR GILL ………PRESIDING MEMBER.
SHRI RAJIV MEHTA ……MEMBER.
Present: Complainant in person.
Opposite party no.1 already exparte vide order 2.11.2015. and Op no.2 exparte vide order dt.9.6.2015.
ORDER
In brief, complainant’s case is that on dated 16/17.11.2014, he purchased a mobile set of Karbon Titanium Octane Plus White for a sum ofRs.11990/- through online on Snapdeal vide invoice No. BE37CF/14-15/118430 with a warranty of one year. It was the responsibility of the company to get repaired the mobile free of cost, if any defect is occurred in its accessory. Due to fault in touch screen, on 17.3.2015, the complainant got deposited his mobile set to OP no.2 against receipt, but the same has not been returned to him despite several visits and request of the complainant. Hence, the present complaint for replacement of mobile set and also for compensation for harassment, mental tension etc. and litigation expenses.
2. Opposite parties have been duly served and proceeded exparte vide orders of this Forum dated 9.6.2015 and 2.11.2015.
3. In exparte evidence, the complainant has placed on record Ex. C1- his own supporting affidavit; Ex.C2-job card; Ex.C3 and Ex.C4-retail invoice.
4. We have heard complainant in person and have gone through the record carefully.
5. We have gone through the pleadings and documents of the complainant Kuldeep. It is the admitted fact that complainant purchased a mobile set of Karbon Titanium Octane Plus White through online on Snapdeal vide invoice No. BE37CF/14-15/118430 with a warranty for total sum of Rs. 11990/ (Ex.C3) for retail invoice. The complainant got deposited his mobile set to OP no. 2 due to fault in touch screen on 17.3.2015, the mobile has not been returned to him despite serveal visits and requests of the complainant. Ex.C2 job card was placed on record.
6. From the perusal of Job Sheet Ex. C2, mentioned in complaint as well as in affidavit of complainant, fact of handing over the mobile set to the opposite parties for repair has been clearly established on record. Moreover Op no. 1, proceeded exparte on 2.11.2015 and Op no. 2 also proceeded exparte on 9.6.2015. Ops has not come forward to put their version before the Forum. In these circumstances, it is established on record that complainant deposited his mobile set for repair to Op no. 2 due to fault in touch screen on 17.3.2015. Ops is held guilty for the losses and harassment caused to the complaint and complainant is entitled for relief.
7. For the reasons and findings recorded above, we accept the present complaint with cost of Rs. 1000/- and directed the opposite parties to return the mobile set in proper working condition to the complainant within two months otherwise to pay Rs. 11990/- cost of mobile set with interest @ of 9 % per annum from the date of filing of present complaint till realization. The opposite parties are jointly and severally liable to comply with the order of this Forum.. Copy of this order be supplied to the parties free of costs. File be consigned to record room after due compliance.
Announced in open Forum. Presiding Member,
Dated:8.12.2015 Member. District Consumer Disputes
Redressal Forum, Sirsa.
Present: Complainant in person.
Opposite party no.1 already exparte vide order 2.11.2015. and Op no.2 exparte vide order dt.9.6.2015.
Arguments heard. Order announced. Vide separate order of even date, complaint has been accepted with costs. File be consigned to record room after due compliance.
Announced in open Forum. Presiding Member,
Dated:8.12.2015. Member. District Consumer Disputes
Redressal Forum, Sirsa.
