Haryana

Panchkula

CC/123/2015

R.K SHARMA. - Complainant(s)

Versus

MICROMAX. - Opp.Party(s)

COMPLAINANT IN PERSON.

28 Oct 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,  PANCHKULA.

                                       

Consumer Complaint No	:	123 of 2015
Date of Institution	:	01.07.2015
Date of Decision	:	28.10.2015

 

R.K.Sharma, # 388, Sector-15, Panchkula.

                                                                                                                                                                    ….Complain­ant

Versus

 

1.     Micromax, Micromax House, 90 B, Sector-18, Gurgaon-122015

2.     M/s Abacus Systems, SCO 824, NAC, Mani Majra, above Indian Bank, Chandigarh-160101.

3.     M/s Confident Enterprises (Mobiles), Booth No.91, Sector-15, Panchkula.

                                                                    ….Opposite Parties

 

COMPLAINT UNDER SEC. 12 OF THE CONSUMER PROTECTION ACT, 1986.

 

Before:              Mr.Dharam Pal, President.

            Mrs.Anita Kapoor, Member.

            Mr.S.P.Attri, Member.

 

For the Parties:  Complainant in person. 

Ops already ex-parte.

ORDER

(Dharam Pal, President)

 

1. The complainant-R.K.Sharma has filed the present complaint against the Ops with the averments that he purchased a mobile phone Model D321, Make Micromax vide IMEI No.911418351026648 from the OP No.3 for a sum of Rs.5500/- vide receipt No.11956 (Annexure C-1) dated 05.05.2015. From the very next day of purchase, the mobile phone started giving problem. The complainant approached the OP No.3 who advised him to approach the service center for repair of the mobile phone. On 06.06.2015, the complainant approached the OP No.2 i.e. authorized service center who after inspection stated that the complainant would have to leave the mobile phone as the parts were not available with the service center. The complainant also intimated the Op No.1 through a mail dated 07.06.2015 (Annexure C-2). After about ten days, the complainant approached the Op No.2 to know the status of the mobile phone who informed him that it would take another week as the parts have not been received from the company. On 16.06.2015, the complainant again sent a mail to Op No.1 (Annexure C-3) who enquired about the IMEI number and job order number vide mail dated 18.06.2015 (Annexure C-4). The complainant sent the required information vide mail dated 20.06.2015 (Annexure C-5) but no action was taken by the OP No.1. On 23.06.2015, the complainant again approached the Op No.2 to know the status of mobile phone but the Op No.2 again stated that the mobile phone would take another week as parts have not been received as yet. The OP No.1 issued job sheet No.17088896 dated 0606.2015 (Annexure C-6). The complainant issued reminder dated 24.06.2015 (Annexure C-7) but to no avail. This act of the opposite parties amounts to deficiency in service on their part. Hence, this complaint.
2. Notice was issued to the Ops No.1 &2 through registered post and the same has not been received back served or unserved. None has appeared on behalf of the Ops No.1 & 2. It is deemed to be served and the Ops No.1 & 2 were proceeded against ex-parte vide order dated 10.08.2015.
3. OP No.3 appeared before this Forum on 10.08.2015 and sought time for filing written statement, the case was adjourned to 24.08.2015. On 24.08.2015 none was appeared on behalf of the Op No.3 and the case was adjourned to 10.09.2015. On 10.09.2015, again none has appeared on behalf of the Op No.3 nor filed written statement after availing opportunities. The Op No.3 was proceeded against ex-parte vide order dated 10.09.2015.  
4. The complainant has tendered the evidence by way of affidavit Annexure C-A alongwith documents Annexure C-1 to C-8 and closed the evidence.
5. We have heard the complainant and have also perused the record as well as written arguments submitted by the complainant carefully & minutely.
6. It is evident from the retail invoice (Annexure C-1) dated 05.05.2015 coupled with affidavit that the complainant purchased a Micromax handset Model D321 vide IMEI No.911418351026648  for an amount of Rs.5,500/-. From the very next day of purchase, the mobile phone started giving problem and the complainant approached the OP No.2 i.e. authorized service center who stated that the complainant would have to leave the mobile phone as the parts were not available with the service center and issued job sheet No.17088896 dated 06.06.2015 (Annexure C-6). The complainant intimated the Op No.1 through mail dated 07.06.2015 (Annexure C-2). After about ten days, the complainant approached the Op No.2 to know the status of the mobile phone who informed him that it would take another week as the parts have not been received from the company. On 16.06.2015, the complainant again sent a mail to Op No.1 (Annexure C-3) who enquired about the IMEI number and job order number vide mail dated 18.06.2015 (Annexure C-4) which was sent by the complainant vide mail dated 20.06.2015 (Annexure C-5). On 23.06.2015, the complainant again approached the Op No.2 to know the status of mobile phone but they again replied the same. The complainant issued reminder dated 24.06.2015 (Annexure C-7) but to no avail. The complainant has filed his sworn affidavit (Annexure C-A).
7. Moreover, the Ops No.1 & 2 did not appear and the Op No.3 did not file any written statement to contest the claim of the complainant and preferred to proceed ex-parte, which draws an adverse inference against them. The non-appearance of the Ops shows that they have nothing to say in their defence or against the allegations made by the complainant. Therefore, the assertions made by the complainant go unrebutted and uncontroverted. As such, the same is accepted as correct and deficiency in service on the part of the Ops is proved.
8. In view of the above discussion, we are of the view that the present complaint deserves to be allowed and the same is accordingly allowed. The Ops are jointly and severely directed as under:-

1. To replace the mobile handset with new one with same model or to refund the price of the mobile i.e. Rs.5,500/- alongwith interest @ 9% p.a. from the date of purchase till realization.
2. To pay an amount of Rs.5000/- as compensation for mental agony, harassment and cost of litigation.

Let the order be complied with within the period of 30 days from the receipt of certified copy of this order. A copy of this order be sent to the parties free of costs and file be consigned to the record room after due compliance.

 

Announced

28.10.2015   S.P.ATTRI         ANITA KAPOOR          DHARAM PAL

                    MEMBER           MEMBER                   PRESIDENT

 

Note: Each and every page of this order has been duly signed by me.

 

   

                           

                                                DHARAM PAL

                                                PRESIDENT