BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.434 of 2014

Date of Instt. 11.12.2014

Date of Decision :13.04.2015

Kamaldeep Singh Mann son of Harbans Singh R/o H.No.63, BSF Colony, Jalandhar.

..........Complainant

Versus

1. Mobile Hut, Shop No.5, Old Sabji Mandi Market, Opp.Hotel Dolphen, Jalandhar.

2. Microsoft, India Development Centre, Gochitowali, Hyderabad-500032.

3. Nokia Care, Jabble Tower, Near BMC Chowk, Jalandhar.

.........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.Vishal Chaudhary adv., counsel for OPs No.2&3.

Opposite party No.1 exparte.

Order

J.S Bhatia (President)

1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act against the opposite parties on the averments that complainant purchased mobile of Microsoft Company Lumia 535 from opposite party No.1 vide retail invoice No.R-2065 dated 2.12.2014 for Rs.9000/-. When he started using his new mobile he found that back cover of the mobile is too loose and due to which back cover of the mobile used to get open automatically and the battery of the mobile used to come out and mobile used to get switch off. He told this problem to opposite party No.1 on 3.12.2014 but it did not give any satisfactory answer and told him to approach opposite party No.3. He went to opposite party No.3 and showed his mobile to it and opposite party No.3 told him to leave his mobile and they will sent it to the manufacturer company and they may change the mobile, otherwise, it is a minor issue and it is not liable for it. The quality of the mobile is very poor. On such like averments, the complainant has prayed for directing the opposite parties to refund the price of the mobile to him or to replace it with new mobile. He has also claimed compensation and litigation expenses.

2. Upon notice, opposite parties No.2 and 3 appeared and filed a written reply pleading that as per the information and record available with the opposite parties, the complainant has purchased the handset on 2.12.2014 and from that date the handset was working properly and there was no fault in the handset and the handset is working properly till today and even the complainant has never visited with opposite party No.3 i.e service centre and only on this score alone present complaint is liable to be dismissed. They denied other material averments of the complainant.

3. Upon notice opposite party No.1 did not appear and as such it was proceeded against exparte.

4. In support of his complaint, complainant has tendered into evidence affidavit Ex.CA alongwith copies of documents Ex.C1 and closed evidence.

5. On the other hand, learned counsel for opposite parties No.2 and 3 has tendered affidavit Ex.OPW1/A and closed evidence.

6. We have carefully gone through the record and also heard the complainant in person and learned counsel for the opposite parties No.2 and 3.

7. The complainant purchased the mobile handset in question from opposite party No.1 vide retail invoice dated 2.12.2014 Ex.C1 for Rs.9000/-. According to the complainant, the back cover of the mobile is loose and due to which, it automatically get open and battery of the mobile comes out and mobile get switch off. At the time of arguments, the complainant showed us the mobile handset in question but we were was unable to make out if back cover of the mobile handset of the complainant is loose in any manner. At the time of arguments counsel for the opposite parties No.2 & 3 stated at bar that they are ready to rectify the defect in the mobile handset, if any. Mobile handset is still under warranty.

8. So in the above circumstances, the present complaint is disposed off with the directions to opposite parties No.2 & 3 to rectify the defect in the mobile handset of the complainant, if any. The complainant is directed to visit the opposite party No.3 for this purpose. In the circumstances of the case, there shall be no order as to cost. 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

13.04.2015 Member Member President