| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PATIALA. Consumer Complaint No. 104 of 19.5.2015 Decided on: 29.3.2017 Rahul Bansal S/o Sh.Hari Krishan, resident of # B-1/3747, Old Court Road, Rajpura, District Patiala. …………...Complainant Versus - Micromax House 90-B, Sector 18, Gurgoan, through its C.E.O./Manager/Authorized person.
- Sharda Telecom, Shop No.2, Giani Jail Singh Market ( New Market), Rajpura Town, District Patiala, through its Manager/Authorized Person.
- Satguru Telecom, Nalas Road, Old Rajpura, Tehsil Rajpura through its Prop/Manager (Authorized Service Centre of Micromax Mobiles)
…………Opposite Parties Complaint under Section 12 of the Consumer Protection Act, 1986. QUORUM Smt. Neena Sandhu, President Smt. Neelam Gupta, Member ARGUED BY: Sh.Rajinder Singh,Advocate, counsel for complainant. Sh.Vipin Sharma, Advocate, counsel for Opposite Parties No.1&3. ORDER SMT.NEELAM GUPTA, MEMBER - The complainant purchased one mobile phone make Micromax Canvas Doodle A111, white colour, bearing IMEI Nos.911307203598369 and 911307203616369 from OP No.2, for a sum of Rs.11,300/- on 1.2.2014. The complainant gave the said mobile phone to his cousin Vishal Bansal s/o Late Sh.Bal Krishan, resident of B-1/3747, Old Court Road, Rajpura. It is averred that after some time the said mobile phone stopped charging itself and the cousin brother of the complainant visited OP No.3 i.e. service centre of OP No.1 at Old Rajpura on 2.1.2015. The person working at the service centre told the brother of the complainant that the actual date of purchase of the said mobile phone was 8.11.2013 and as such the mobile phone was out of warranty and the complainant or his brother will have to pay its repair charges. When Mr.Vishal Bansal showed the Invoice of the mobile phone, the person working at service centre told that OP No.2 had cheated the complainant by putting 1.2.2014 as date of purchase of the mobile phone by the complainant.As such, Mr.Vishal Bansal contacted OP No.2 on the very next day i.e. 3.1.2015 and asked regbarding the wrong date of purchase put on the bill. OP No.2 failed to give any satisfactory reply rather he threatened Mr.Vishal Bansal wire dire consequences if the complainant or his cousin brother ever tried to pursue the matter any further. On 17.1.2015, Mr.Vishal Bansal got served the legal notice through registered kpost to the O.Ps. OP No.2 furnished a reply to the legal notice stating that Mr.Vishal Bansal was not the purchaser as the said mobile phone was purchased by one Rahul and the complainant again got served a registered legal notice to the OPs on 23.4.2015.The OPs gave a vague reply to the 2nd legal notice too. The complainant as well as his cousin brother underwent a lot of harassment due to non-repairing of the said mobile phone by the O.Ps.The mobile phone was purchased on 1.2.2014 and the problem occurred during the warranty period and the OPs failed to rectify the defect in the mobile phone which amounted to deficiency in service on the part of the OPs.Ultimately, the complainant approached this Forum under Section 12 of the Consumer Protection Act(for short the Act),1986.
- Cognizance of the complaint was taken against OPs no.1&3 only who appeared through counsel and filed their reply to the complaint. After admitting the fact that OP no.1 is the manufacturer and the OP no.3 is the service centre of OP No.1, the only plea taken by OPs no.1&3 is that the invoice of the mobile phone dated 1.2.2014 was issued by OP No.2 and the OPs no.1&3 have no concern with it. After denying all other allegations made in the complaint, the OPs prayed for the dismissal of the complaint.
- In support of his case, the complainant produced in evidence Ex.CA, his sworn affidavit, Ex.CB, sworn affidavit of Sh.Vishal Bansal alongwith documents Exs.C1 to Ex.C8 and his counsel closed the evidence.
- Whereas counsel for OPs no.1&3 failed to produce any evidence on record inspite of availing many opportunities.Ultimately, the counsel for OPs no.1&3 submitted that they do not want to lead any evidence and thus their evidence was closed by the order of the Court.
- The ld. counsel for OPs No1&3 filed written arguments. We have gone through the same, heard the counsel for the parties and also gone through the evidence of the complainant, on record.
- Ex.C1 is the copy of the invoice, whereby the complainant purchased one mobile phone from OP no.2 for an amount of Rs.11,300/- on 1.2.2014. In the month of January,2015, the said mobile phone started giving problem i.e. within the warranty period and the complainant approached OP No.3 i.e. the service centre of the company, where the person working at the service centre told the complainant that the actual purchase date of the mobile phone was 8.11.2013 and hence it was out of warranty and the complainant will have to pay the repair charges.The complainant pleaded that the defect occurred during warranty period as the mobile phone was purchased on 1.2.2014. Whereas OP no.3 said that the actual purchase date was 8.11.2013.But Op no.3 has failed to produce on record any documentary evidence which may show that the actual purchase date of the mobile phone was 8.11.2013.In the absence of any such document in support of the plea taken by OPs no.1&3, we accept the plea of the complainant that the mobile phone was purchased on 1.2.2014 as per the invoice of the mobile phone placed on record.
- In view of the aforesaid discussion, we accept the complaint of the complainant with a direction to OPs No.1&3 to repair the mobile phone of the complainant, free of cost, as the defect occurred during warranty period. OPs are further directed to pay a sum of Rs.5000/- as compensation for the harassment undergone by the complainant alongwith a sum of Rs.3000/-as litigation expenses. Order be complied by OPs no.1&3 within a period of 30 days from the receipt of the certified copy of this order. The certified copy of this order be sent to the parties free of cost under the Rules. Thereafter, file be indexed and consigned to the Record Room.
ANNOUNCED DATED:29.3.2017 NEENA SANDHU PRESIDENT NEELAM GUPTA MEMBER | |
