Haryana

Kurukshetra

83/2017

PArteek - Complainant(s)

Versus

Mobile Junction - Opp.Party(s)

Mobile Junction

13 Mar 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KURUKSHETRA.

                                                     Complaint Case No.83 of 2017.

                                                     Date of institution: 18.04.2017.

                                                     Date of decision: 13.03.2018.

Prateek Singla S/o Sh. Puspender Kumar, R/o House No.31, Sector-7, Urban Estate, Kurukshetra.

                                                                        …Complainant.

                        Versus

1. Mobile Junction, near 9^th Planet Hotel, Pipli Road, Kurukshetra through its authorized signatory.
2. LYF Mobile Service Centre, Shree Krishna Complex, Ist Floor, Shree Krishna Bajaj Agency, KDB Road, Kurukshetra through its authorized signatory.
3. Reliance Retail Limited, 5, TTC, Industrial Area, Thane Belapar Road, Ghansoli, Navi Mumbai-400701 through its authorized signatory.

  

….Respondents.

BEFORE     SH. G.C.Garg, President.

                Sh. Kapil Dev Sharma, Member.

       

Present:     Sh. Anand Garg, Advocate, for the complainant.   

                OPs exparte.

               

ORDER

                This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Prateek Singla against Mobile Junction and others, the opposite parties.

2.            It is stated in the complaint that the complainant purchased a mobile set of LYF, Model Water-5 bearing IMEI No.868997020316335 for a sum of Rs.8,000/- from the Op No.1 vide bill No.953 dt. 08.08.2016.  It is alleged that just after three months of its purchase, the mobile set started giving problems such as hanging, battery problem and some of the contacts stored in the phone book get deleted automatically.  It is further alleged that the complainant approached the Op No.2 regarding the defective mobile set and the Op No.2 reinstalled the software of the mobile set but the mobile set was giving the same problems.  It is further alleged that similarly, the Op No.2 reinstalled the software in the mobile set again and again but the defects were not removed from the said mobile set.  So, it is a clear cut case of deficiency in service on the part of Ops and prayed for acceptance of complaint with the direction to Ops to replace the mobile set with the new one or to return the cost of mobile set alongwith interest@ 18% p.a. and further to pay Rs.20,000/- as compensation for harassment and mental agony as-well-as Rs.5500/- as litigation charges. 

3.            Upon notice, the OP No.2 did not appear and opted to proceed exparte vide order dt. 31.05.2017, whereas initially Op No.3 appeared but lateron did not appear on 30.01.2018, so, the Op No.3 was proceeded exparte vide order dt. 30.01.2018. 

4.             We have heard the ld. Counsel for the complainant and perused the record carefully and minutely.

5.             From the cash memo, it is made out that the Unit in question was purchased on 08.08.2016 for the sale consideration of Rs.8,000/-. From the perusal of complaint and other documents, it is clear that the unit became defective within the warranty/guarantee period and despite repair of said mobile set several times, the defects could not be removed from the said mobile set.  In these circumstances, the complainant is entitled to get it replaced from Op No.3, who is manufacturer of the unit in question.

6.            In view of our above said discussion, the complaint of the complainant is allowed and we direct the OP No.3 to replace the hand set of the complainant with new one of the same model.  The complainant is directed to deposit the old hand set along with bill and accessories with the service center of the company.  The order; be complied within a period of 60 days, failing which, penal action under Section 27 of the Consumer Protection Act, 1986 would be initiated against the opposite party No.3.  Copy of this order be communicated to the parties free of cost.  sFile be consigned to record after due compliance. 

Announced in open court:

Dt.:13.03.2018.

                                                                        (G.C.Garg)

                                                                        President.

 

 

(Kapil Dev Sharma)         

                                        Member