Haryana

Gurgaon

CC/41/2014

Deepak Yadav - Complainant(s)

Versus

Micromax Informatics ltd. - Opp.Party(s)

05 Aug 2014

ORDER

 

DISTRICT   CONSUMER   DISPUTES   REDRESSAL FORUM,  GURGAON-122001.

                                                                                                                                        Consumer Complaint No.41 of 2014                                                                                                                                                                                Date of Institution: 03.02.2014/12.02.2014                                                                                                                                                                   Date of Decision: 16.02.2015

Deepak Yadav S/o Sh. Sunder Lal, R/o VPO Dundahera, Old Delhi Road, Opposite Sheetal Medical Store, Gurgaon.

                                                                                        ……Complainant.

 

                                                Versus

 

1.  Micromax Informatics Ltd having its Head Office at House No.90-B, Sector-18, Gurgaon (Haryana) through its Authorized Representative/ Person/Manager.

 

2. SPICE Retail Ltd., S-111, First Floor, Sahara Mall, Gurgaon through its Proprietor/Authorized Person/Manager.

 

3. Shree Sai Telecom having its office at Shop No.1, Devi Palace, Opposite Raj Cinema, Old Delhi Road, Gurgaon through its Authorized Person/Signatory/Proprietor/Manager.

 

 

                                                                                       ….Opposite parties.

                                               

Complaint under Sections 12 & 14 of Consumer Protection Act,1986                                                                 

 

BEFORE:     SH.RAGHVINDER SINGH BAHMANI, PRESIDENT.

                     SMT JYOTI SIWACH, MEMBER.

 

Present:        Sh.Deepak Yadav, Complainant in person.

                    Sh.Satyavir Sharma, Adv for OP-1

                    OP-2 & 3 expa  

        ORDER   R.S.BAHMANI, PRESIDENT.    

 

              The complainant alleged that he has purchased a Mobile Phone Model Micromax Turbo A 250  bearing IMEI No.8904132424753, 911334750428634 manufactured by OP-1 from OP-2 the authorized dealer for a sum of Rs.19,400/- vide Invoice No.1121514 dated 14.12.2013 (C-1) with the Warranty of one year. It is further alleged that on the very next day of its purchase the Mobile Phone started giving problem “Display Turned Black”. Consequently, he visited OP-3 the Service Centre on 17.12.2013 who in turn told him that they will sort out the problem as it has software problem in the handset. Later on they have told him that problem is relating to hardware. He requested them to give him DOA but they refused to give  DOA and clarified him that it’s activation date is 03.12.2013 and thus, they cannot give him because it is out of DOA Policy. It is further alleged that he approached the OP-3 on 26.12.2013 and deposited the said Phone vide Receipt No.R1312FHAR7234852 (C-2). and they assured him that problem will be rectified within seven days. He visited to OP-3 after seven days but the problem remained the same and handed over the phone to the complainant. Thus, the OPs failed to remove the problem and thus, are deficient in providing services to the complainant. He prayed that he is entitled to refund of the price of the Mobile Phone Rs.19,400/- along with interest @ 24 % p.a. He also claimed compensation of Rs.50,000/- and litigation expenses of Rs.11,00/-. The complaint is supported with an affidavit and the documents referred above.

2                 OP-1 & 3 in their written reply while denying the claim of the complainant has taken objection that the complaint is gross abuse of process of law, totally uncalled for and not maintainable as the complainant purchased the handset on 14.12.2013 and he approached the authorized service centre on 26.12.2013 for display blank problem and the problem was rectified immediately and the handset was returned to the complainant. Thereafter answering OPs have not received any complaint from the complainant regarding the handset. Thus, the complaint is false, frivolous and liable to be dismissed. It is alleged that replacement as per the limited warranty terms is limited only to those cases where repair is not possible or where there is a genuine problem of repeated repairs of the same problem. The answering OPs never denied to provide its after sale service as assured under the Warranty and still ready to provide the same under Warranty. The complainant is not entitled to any relief against the answering OP.

3                 OP-2, however, failed to turn up despite service and was proceeded exparte on 28.04.2014.

4                 We have heard the parties and appraised the material on record carefully. Keeping in view the facts and circumstances discussed above and after going through the documents placed on file we are of the considered opinion that

Complainant  has purchased a Mobile Phone Model Micromax Turbo A 250  bearing IMEI No.8904132424753, 911334750428634 manufactured by OP-1 from OP-2 the authorized dealer for a sum of Rs.19,400/- vide Invoice No.1121514 dated 14.12.2013 (C-1) with the Warranty of one year. The complainant has alleged that the handset became defective on the very next day of it purchase as its “Display Turned Black”. Consequently, he visited the OP-3 the service centre of the manufacturer on 17.12.2013 who first told him that it has software problem but later on disclosed that it has hardware problem.  He asked them the date of activation but they refused to give the date of activation but later on clarified him that it’s date of activation is 03.12.2013 and thus, they cannot give him because it is out of DOA policy. Lastly, he again approached the OP-2 on 26.12.2013 and deposited the handset vide Job Sheet dated 26.12.2013 (C-2) but the OPs failed to rectify the problem and it still persists in the Mobile Phone whereas OP-1 & 3 have specifically alleged in their written reply that complainant purchased the handset on 14.12.2013 and he approached the authorized service centre on 26.12.2013 for display blank problem and the problem was rectified immediately and the handset was returned to the complainant. Thereafter answering OPs have not received any complaint from the complainant regarding the handset. However, they have further alleged that they are still ready to provide after sale service as per Warranty. However, complainant failed to produce any document to show that after 26.12.2013 he ever visited the Service Centre of the OP-3 as he failed to produce any Job Sheet or any cogent evidence to prove his claim that the Mobile Phone has some defect. Thus, the OPs are not deficient in providing services to the complainant.

5                 It is also material to note here that still the OP-1 is ready to refund the price of the mobile Phone Rs.19,400/- if the complainant returns the old mobiles  with all accessories  and made a statement before this Forum on 28.05.2014. The complainant also accepted the said offer given by OP-1 vide his statement dated 28.05.2014 but later on he refused to accept the offer of the OP-1.

6                 Thus, keeping in view the facts and circumstances discussed above the complainant is entitled to refund of the price of Mobile Phone Rs.19,400/- on deposit of old Mobile Phone along with all accessories with OP-1 within 30 days and thereafter OP-1 shall refund the above price to the complainant within next 30 days. However, no case of deficiency of service is made out against the OPs as discussed above.

Copy of this order be sent to the parties free of costs.

 

Pronounced in open court.                           

Dated: 16.02.2015.

                                                                                                          President,

                                                                             District Consumer Disputes

                                                                                                                                                                                    Redressal Forum, Gurgaon

                 (Jyoti Siwach)

                       Member