Haryana

Kurukshetra

CC/52/2019

Swatanter Kumar - Complainant(s)

Versus

Micromaxx Ltd - Opp.Party(s)

In Person

30 Apr 2019

ORDER

BEFORE THE  DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KURUKSHETRA.

 

Complaint no.52/2019.

Date of instt. 06.02.2019. 

                                                                    Date of Decision: 30.04.2019.

 

Mr. Sawtanter Kumar S/o Sh. Rajbir, R/o village Barounda, Ladwa, Distt. Kurukshetra, Haryana.

 

                                                                ……….Complainant.      

                        Versus

 

1. Micromax Informatics Ltd. 288A, Udyog Vihar Phase IV, Gurugram 122015, (Handset company).
2. Verma Mobile Zone, Hinori Chowk, near Prem Floor Mill, Ladwa, Kurukshetra.
3. M/s Aditya Communication, Shop No.610, Mohan Nagar, Near Agarsain Chowk Pipli Road, Kurukshetra, Haryana.
4. Bharat Electronics & Communication, Shop No.272, Charchaman, Opp. Mahabirdal Hospital Link Road, Karnal, Haryana.

 

..………Opposite parties.

 

       Complaint under section 12 of Consumer Protection Act.            

 

 

Before       Smt. Neelam Kashyap, President.    

Smt. Neelam, Member

Sh. Sunil Mohan Trikha, Member.

                       

                                               

Present :        Complainant in person.

                    Opposite parties exparte.

 

                                    

ORDER

 

                    This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Sawtanter Kumar against Micromax Informatics Ltd. and others, the opposite parties.

2.         It is stated in the complaint that the complainant purchased a handset, micromax canvas 1, from opposite party no.2 for a sum of Rs.6500/- on 19.2.2018 with warrantee of one year. That after some time of its purchase, the mobile became defective and he approached to op no.2 who got repaired the mobile from op no.4 and also written two IMEI numbers on the bill of the mobile. It is further averred that after sometime, the mobile again became defective and he approached to op no.3 in this regard and they removed the seals of the mobile and handed over the mobile to him without repair and stated that the company has ended the warrantee and refused to repair the mobile. It is further alleged that then complainant sent the mobile to op no.4 for repair but they also refused to repair his mobile and stated that he has got opened/ repaired the mobile from outside. That after very harassment, the complainant requested the op no.1 through email for repair of the mobile but the op no.1 also failed to get repaired the mobile. Hence, this complaint.

3.             On notice, opposite parties no.1,3 and 4 did not appear and were proceeded against exparte.

4.             Opposite party no.2 appeared on 20.3.2019 and submitted his reply that he had sold the mobile in question to the complainant on 19.2.2018 and due to some reason the mobile became defective upon which complainant showed his mobile at service centre but they did not repair the mobile and the company is liable for the grievance of the complainant and he may be exonerated.

5.             Today none appeared on behalf of op no.2 and as such op no.2 was also proceeded against exparte.

6.             The complainant tendered his affidavit Ex.CW1/A and documents Ex.C1 and Ex.C2.

7.             We have heard complainant and have perused the case file carefully.

8.             Admittedly, the complainant purchased the mobile in question from opposite party no.2 for a sum of Rs.6500/- on 19.2.2018 as is evident from copy of cash/ credit memo Ex.C1. From the copy of job sheet dated 30.1.2019 Ex.C2 it is evident that mobile is having defect. The ops were under legal obligation to provide after sales service to the complainant and to make the mobile in question defect free within warrantee period but they have failed to do so which amounts to deficiency in service on their part.

9.             In view of the above, we allow the present complaint and direct the opposite parties  to replace the mobile of the complainant with a new one of the same make and model within a period of 45 days from the date of receipt of copy of the order and in case same make and model of mobile is not available, then to refund the price of the mobile i.e. Rs.6500/- to the complainant within above said period, failing which the complainant will be entitled to interest @9% per annum from the date of order till actual realization. All the ops are jointly and severally liable to comply with this order. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.

Announced in open Forum:  

Dt.30.04.2019.                                    (Neelam Kashyap)

                                                         President

 

 

(Sunil Mohan Trikha)                   (Neelam)  

        Member                              Member