Chandigarh

DF-II

CC/559/2019

Ravi Inder Pal Singh - Complainant(s)

Versus

Micromax Infomatics Limited - Opp.Party(s)

In Person

16 Mar 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	559/2019
Date of Institution	:	20.06.2019
Date of Decision	:	16.03.2020

 

                                       

                       

 

Ravi Inder Pal Singh son of Sh.Bakhshish Singh r/o House No.2707, Sector 22-C, Chandigarh

                        ...  Complainant.

Versus

1. Micromax Informatics Limited, Corporate Office: 288-A, Ground Floor, Udhyog Vihar, Phase-IV, Gurugram, Haryana India through its Service Head Mr.Anirudh.

2^nd Address:

Micromax Informatics Limited, Registered Office: 21/14, Block A, Naraina Industrial Area, Phase-2, New Delhi-110028.

 

2. M/s Luxmi Communications, Quite Office No.1, Second Floor, Opposite Khukhrain Bhawan, Sector 35, Chandigarh through its Proprietor/Partner/Director.

 

3. Anmol Watches & Electronics (P) Ltd., SCO 1012-13, Sector 22-B, Chandigarh through its Proprietor/ Partner/Director.

…. Opposite Parties.

 

BEFORE:
		SHRI RAJAN DEWAN,	PRESIDENT
		SMT.PRITI MALHOTRA,	MEMBER
Argued by:-
	Complainant in person.
	None for the OPs.

 

      

PER RAJAN DEWAN, PRESIDENT

1.         Briefly stated, the complainant purchased a mobile phone make Micromax C1 Canvas vide Invoice dated 25.06.2018 for Rs.5800/- (Annexure C-1) from OP No.3 having warranty of one year.  After few months of its purchase, the mobile phone become completely inoperative and as per the instructions of OP No.3, he landed it with OP No.2 (authorized service) for its repairs which was returned after one month with the assurance that all the defects in the mobile phone have been rectified. It has further been averred that it again become completely inoperative after few days and he even got replaced the battery of the mobile phone from OP No.2 but despite this the defect in the mobile phone has not been removed.  After checking the mobile phone, OP No.2 told the complainant that there was problem in the mother board and he had to bear the expenses as the seal of the mobile phone had broken. It has further been averred that he does not know which seal OP No.2 was talking about, but it has flatly refused to accede the legitimate request to repair the mobile phone.  It has further been averred that he made repeated requests to OP No.2 and even wrote an e-mail dated 12.06.2019 to OP No.1 but to no effect. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Parties, the complainant has filed the instant complaint.
2.         Despite due service through registered post, OPs No.2 and 3 failed to put in appearance and as a result thereof they were ordered to be proceeded against exparte vide order dated 20.09.2019.
3.         Despite due service through registered post, OP No.1 failed to put in appearance and as a result thereof it was ordered to be proceeded against exparte vide order dated 27.01.2020.
4.         We have heard the complainant in person and gone through the documentary evidence on record.
5.         In his evidence, the complainant has tendered into evidence his detailed affidavit in support of the averments made in the complaint along with the documents mentioned in the complaint.   Annexure C-1 is the copy of the Invoice dated 25.06.2018 vide which he had purchased the mobile phone in question from OP No.3. Annexure C-2 is the copy of the job sheet dated 10.04.2019 vide which he got the mobile phone repaired from OP No.2.  Annexure C-3 is copy of the e-mail dated 12.06.2019 written by the complainant to OP No.1.  He has specifically deposed in his affidavit that he repeatedly approached OP No.2 within the warranty period and also wrote e-mail to OP No.1 but the OPs did not bother to get repaired the mobile phone. He has specifically deposed in his affidavit that OP No.2 had refused to repair the mobile phone in question on the ground that he had broken the seal of the mobile phone. 
6.         It is a common practice, as of now days, of the Mobile Companies to deny service, within warranty period, to a common man/consumer by mentioning that the seals of the mobile phone are broken so that the claim could be easily ousted from warranty terms and they would earn by carrying out repairs on payment basis even within the warranty period.  It was the responsibility of the OPs to render the post sale services to the complainant within the warranty period but they have failed to so.
7.         Besides this, the averments made in the complaint have gone un-rebutted in the absence of the OPs who were duly served, and preferred neither to appear in person, nor through its Counsel. It is established beyond all reasonable doubt that the complaint of the complainant is genuine.  The OPs did not bother to redress the grievance of the complainant when they contacted by him within the warranty period, resulting into immense, mental and physical harassment to him.  Thus, finding a definite deficiency in service on the part of the OPs, we have no other alternative, but to allow the present complaint against them.
8.         In view of the above discussion, the present complaint deserves to be allowed against the OPs and the same is accordingly allowed. The OPs are directed as under:-

[i]     To refund Rs.5800/- being the price of the mobile in question to the complainant

[ii]    To pay Rs.2,100/- as compensation for mental agony & physical harassment suffered by the complainant;

iii)    To pay Rs.1,100/- as costs of litigation.

9.         This order be complied with by the OPs within 30 days from the date of receipt of its certified copy, failing which the amount at Sr.No. (i) and (ii) above shall also carry interest @ 9% per annum from the date of this order till its actual payment besides litigation costs.
10.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced 16/03/2020	Sd/-
	(RAJAN DEWAN) PRESIDENT
	Sd/-
	(PRITI MALHOTRA) MEMBER