BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, JALANDHAR.
Complaint No.368 of 2015
Date of Instt. 26.08.2015
Date of Decision :27.11.2015
Anil Kumar aged about 34 years son of Kuldip Kumar, R/o R-103, Upkar Nagar, Lamapind, Jalandhar.
..........Complainant Versus
1. Mobile House, H.O:-Chadha Mobile House Pvt Ltd., Phagwara Gate, Near Bhagat Singh Chowk, Jalandhar through its Prop./ Partner/Authorized Representative.
2. Shree Communications, Shop No.5, G.S.Bajwa Complex, Opp.Friends Bakery, Nakodar Road, Jalandhar-144001, through its Prop./Partner/Manager/Authorized Representative.
3. MPS Telecom Pvt Ltd., D-66, First and Second Floor, Okhla Industrial Area, Phase-1, New Delhi-10020 through its Managing Director/Director/Authorized Representative.
.........Opposite parties.
Complaint Under Section 12 of the Consumer Protection Act.
Before: S. Jaspal Singh Bhatia (President)
Ms. Jyotsna Thatai (Member)
Sh.Parminder Sharma (Member)
Present: Complainant in person.
Sh.Akash Batra, Auth.Rep.of opposite parties No.2 & 3.
Opposite party No.1 exparte.
Order
Parminder Sharma (Member)
1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act, against the opposite parties on the averments that the complainant purchased a mobile, make HTC Mobile D820u, IMEI No.357585062165070 for Rs.23,000/- vide invoice No.3832 dated 21.4.2015 from opposite party No.1. One year warranty was given for above said mobile handset. After two days from the date of purchase, various defects arose in the said mobile handset i.e. battery run-down, over heating, battery backup low, receiver volume not clear, hanging problem etc. The complainant brought the above defects into the notice of opposite party No.1. The opposite party No.1 directed the complainant to approach their service centre/opposite party No.2. As per direction of opposite party No.1, on 2.6.2015 the complainant went to opposite party No.2 and handed over the defective mobile handset. The opposite party No.2 checked the mobile handset and kept the same with them and issued a service job sheet No.ATQ003-0004569 dated 2.6.2015 to complainant indicating the above said defects. The opposite party No.2 assured the complainant that handset would be put in order within 15 days, when after 15 days the complainant went to take the handset, the opposite party No.2 told the complainant that the set could not be repaired and further directed the complainant to come after 30 days. When after 30 days the complainant went to take the handset, the opposite party No.2 told the complainant that the handset has been put right and advised the complainant to operate it for 2-4 days at home but after 4 days the problem remained same as before. Again on 30.6.2015 the complainant gave the defective handset for repair/exchange to opposite party No.2 who took the handset from complainant and issued job sheet No.ATQ00-0005025 dated 30.6.2015 indicating the defect i.e. battery rundown, heat up, mic.not working, receiving volume not clear, battery backup low. The company sent a message to complainant for taking new mobile handset from opposite party No.2. But when the complainant went to take the mobile handset from opposite party No.2, the mobile handset was opened and did not appear new. When the complainant refused to get this mobile handset, the opposite party No.2 told the complainant to come after 15 days and get new mobile handset. The said defective mobile handset is still lying with opposite party No.2 which they have neither repaired nor replaced despite so many requests and several visits made by complainant to opposite party No.2. On such like averments, the complainant has prayed for directing the opposite parties to refund the cost of the mobile handset alongwith interest. He has also claimed compensation and litigation expenses.
2. Upon notice, opposite party No.1 did not appear and as such it was proceeded against exparte. However, Sh.Akash Batra, Authorized Representative of opposite parties No.2 and 3 appeared and suffered a statement on 23.10.2015 to the effect that opposite parties No.2 & 3 are ready to give new mobile handset of the same make and model to the complainant and they are not to file any written statement or to lead any evidence.
3. In support of his complaint, complainant has tendered into evidence affidavit Ex.CA alongwith copies of documents Ex.C1 to Ex.C3 and closed evidence.
4. We have carefully gone through the record and also heard the learned counsel for the complainant and authorized representative of the opposite parties No.2 & 3.
5. The complainant purchased the mobile handset in question for Rs.23000/- vide retail invoice dated 21.4.2015 from opposite party No.1. According to the complainant, after two days the mobile handset developed various defects and the service centre of the opposite party No.3 company failed to rectify the same inspite of repeated attempts. Further according to the complainant, company sent a message to him for taking new mobile handset from opposite party No.2 but when he went to take mobile handset from opposite party No.2, the mobile handset did not appear to be new one, so he refused to receive the same. Further according to the complainant, defective handset is still lying with opposite party No.2. The fact that opposite parties No.2 and 3 ready to give new mobile handset to the complainant clearly suggest that the mobile handset sold to the complainant was defective and was beyond repair.
6. Consequently, the present complaint is accepted and opposite parties No.2 & 3 are directed to give a new box packed mobile handset of the same make and model to the complainant within one month from the date of receipt of copy of this order and in case the same model is not available then to refund its price to him. The complainant is awarded Rs.3000/- in lump sum as compensation and litigation expenses from opposite parties No.2 & 3. Copies of the order be sent to the parties free of costs under rules. File be consigned to the record room.
Dated Parminder Sharma Jyotsna Thatai Jaspal Singh Bhatia
27.11.2015 Member Member President
