Haryana

Ambala

CC/129/2014

INDU BALA SHARMA - Complainant(s)

Versus

MOBILE STORE MANAGER - Opp.Party(s)

PARVEEN TYAGI

28 Nov 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                          Complaint case no.        : 129 of 2014

                                                          Date of Institution         : 19.05.2014

                                                       Date of decision   :   07.12.16

 

Indu Bala Sharma # 11/74, Chanderpuri Colony, Opposite DRM Colony, Ambala Cantt.

……. Complainant

 

1.       Mobile Store Manager, Mobile Store, Shop No. 167/18, Sadar Bazar,      Ambala Cantt.

2.       The Manager, Through Authorized Signatory HTC Mobile Bay Shop no.          411, Sector-32-D, Chandigarh.

3.       The concerned Manager, Warranty and Insurance Administration Services,       342, 3^rd Floor, Vardhaman, DEE CEE, PLAZA Plot no. 7, Sector-11,          Dwarka, New Delhi-110078.

 ….…. Respondents.

 

BEFORE:   SH. D.N. ARORA, PRESIDENT

                   SH. PUSHPENDER KUMAR, MEMBER                            

Present:       Sh. Parveen Tayagi, Advocate for complainant.

                   Op no. 1 proceeded against exparte v.o.d. 07.09.2016.

                   Op no. 2 proceeded against exparte v.o.d. 10.08.2015.

                   Reply on behalf of Op no. 3 received by post.

ORDER:

                   In nutshell, brief facts of the present complaint are that the complainant purchased a smart mobile Phone HTC-Desire V Primo Black IMEI no. 352795059259241 from OP no. 1 vide bill dated 08.12.2012 for a sum of  Rs. 16,679 having two years extended warranty. It has been submitted that the mobile phone started giving problems of automatically switched off without any pressing the button or giving command.  So, the complainant gave his mobile phone to Op no. 1 for removing the defect who after repair, returned the mobile phone to complainant with the assurance that the mobile phone will work properly but when the complainant used the said mobile phone, the problems again occurred in the mobile phone. Then the complainant approached the OPs no. 1 and 2 and asked them about problems of the mobile set and to rectified the same or to replace the mobile phone with new one as the same is within warranty period. On this, OPs no. 1 and 2 advised the complainant to approach the OP No.3 but nothing but neither the mobile was repaired properly nor the same replaced with new one.  Hence, the present complainant.

2                 Upon notice, Op no. 3 submitted reply by post submitting therein that the mobile phone in question has been purchased by the complainant from the Mobile Store i.e. Op no. 1 on 08.12.2012 but the same does not fall under the purview of their cover or services. Further it has been submitted that their agreement with OP no.1 to provide extended warranty services and cover to the mobile store and their customers had expired on 31.07.2012 and thereafter, if the OP No.1 has issued any extended warranty certificate of United India Insurance Company Limited is inappropriate, misleading and fraudulent.

                    OP No.2 did not appear despite issuance of registered notice as such, he was proceeded against exparte vide order dated 10.08.2015. On 07.09.2016, neither OP No.1 tendered any evidence nor anyone put in appearance on his behalf, as such, OP no.1 was proceeded against exparte v.o.d. 07.09.2016.

3.                To prove his version complainant tendered her affidavit as Annexure CX alongwith documents as annexure C-1 to C-9 and close her evidence whereas evidence of OP No.3  was closed by Court vide order dated 07.09.2016.

4.                We have heard learned counsel for the complainant and carefully gone through the case file. The case of complainant is that the mobile phone so purchased by him from OP no.1 vide bill dated 08.12.2012 for a sum of Rs. 16,679/- (Annexure C-1) with two years extended warranty became defective  as per job Sheet (Annexure C-4) having ‘on off problem counting not talking’. To strengthen the case, complainant has placed on record Claim Form Annexure C-2 and Extended warranty Certificate (Annexure C-3) which shows that the mobile in question was under Extended Warranty of two years. Perusal of the job sheet reveals that the mobile set occurred problems and the version of complainant duly supported by her affidavit reveals that the defects of the mobile set could not be rectified by Ops within its warranty period inspite of various visits by complainant. The Ops No.1 & 2 despite registered notice not pursued the case and they were proceeded against exparte. As such, the contents enumerated in the complaint remained unrebutted and thus we have no other option except to believe the version as well as documents submitted by the complainant. Perusal of purchase bill (Annexure C-1) reveals that complainant had paid a sum  of Rs.327/- to the OP No.1 for extended warranty at the time of purchasing the mobile phone so, the version of OP No.3 that their agreement with OP No.1 for extended warranty had expired on 31.07.2012 does not affect the rights of complainant for the purposes of warranty.  Accordingly, we conclude that the Ops are negligent and deficient in providing proper services to the complainant and the complaint is allowed with costs.   The Ops are directed to comply with the following direction within thirty days from receipt of copy of the order:-

(i)      To replace the Mobile set in question with new one of the same model. If the same model is not available then to refund the cost of mobile set to the tune of Rs.16679/- as per Annexure C-1 along with interest at the rate of 9% per annum from the date of complaint till its realization.

(ii)     Also to pay a sum of Rs.3,000/- as costs for mental harassment & agony.

                   Copies of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on :  07.12.2016                                         Sd/-

                                                                               (D.N. ARORA)

                                                                                       President

 

                       Sd/-

     (PUSHPENDER KUMAR)

                                                                                       Member