Haryana

Ambala

CC/233/2019

Harsh Vohra - Complainant(s)

Versus

Mohan Lal Mukand Lal and Co. - Opp.Party(s)

Harsh Vohra

24 Feb 2020

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

 

                                                          Complaint case No.:  233 of 2019.

                                                          Date of Institution  :  02.08.2019.

                                                          Date of decision    :  24.02.2020.

 

Harsh Vohra Advocate son of Late Sh. Mohinder Singh, resident of #269, Sector-8, Urban Estate, Ambala City.

……. Complainant.

                                                    Versus

 

1. Mohan Lal Mukand Lall and Co., 175, Bank Road, Rai Market, above Bank of  Baroda, Ambala Cantt., through his Manager. (Nokia Care Center).
2. Nokia Head Office SP Infocity Industrial Plot No.243, Udyog Vihar Phase-1, Dundahera, Gurgaon, Haryana, through his Manager.

     ….…. Opposite Parties.

 

Before:        Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member.

                  

                            

Present:       Complainant in person.

OP No.1 already ex parte v.o.d. 18.09.2019.

OP No.2 already ex parte v.o.d. 07.01.2020.

 

ORDER:     SMT. RUBY SHARMA, MEMBER.

 

Complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To repair the mobile set in question free of cost being within warranty, if not in a position to repair, then to replace the same with new mobile.
2. To pay Rs.50,000/- as compensation for the mental agony and physical harassment suffered by him.  

                  

 

Brief facts of the case are that complainant purchased a mobile phone bearing EMI No.353382090172292 and 353382090172291 model No. Nokia 3.1 containing contact No.98966404248, from Durga Agencies, Tanduran Bazar, Ambala City for an amount of Rs.11,000/- vide cash memo No.1256 dated 15.08.2018 with one year warranty. During the month of October, 2018, the above said mobile phone stopped working properly. Complainant approached the shopkeeper/seller of the mobile phone with the said problem. Seller/shopkeeper told the complainant to approach OP No.1 to get the same repaired. As per the direction of the shopkeeper/seller, complainant met the Customer Service Executive of the OP No.1, who checked the mobile phone in question and kept the same by issuing job sheet.  After repair of the mobile set in question, again complainant faced problem of hanging, non working of internet, automatically disabling of screen, battery back up problem. In the month of June, 2019, display of the mobile in question stopped working and said mobile became dead. Complainant approached the OP No.1, who deposited the mobile in question and after some time handed over the same to the complainant, but after sometime again mobile in question started giving problem like non working, display not working. Complainant again visited the OP No.1, for rectifying the problem in the mobile in question, but OP No.1 asked the complainant to pay Rs.3,500/- for repairing the mobile. The mobile set in question was under warranty and OPs have to provide free service to the complainant. By not repairing or replacing the mobile in question, OPs have committed deficiency in service. Hence, the present complaint.

2.                Upon notice, none appeared on behalf of the OPs No.1 & 2 before this Forum, therefore, they were proceeded against ex-parte vide order dated 18.09.2019 & 07.01.2020 respectively.

3.                Complainant tendered his affidavit as Annexure CA alongwith documents as Annexure C1 & C2 and closed his evidence.

4.                We have heard the complainant and carefully gone through the case file.

5.                 Complainant reiterated the version as mentioned in the complaint and prayed for allowing the present complaint.

6.                From the perusal of case file and material on record, admittedly, the complainant had purchased the mobile Nokia 3.1 in question from the Durga Agencies, Tanduran Bazar, Ambala City for a sum of Rs.11,000/-, vide cash memo No/Bill No.1256 dated 15.08.2018 (Annexure C1). The complainant alleged that he was assured with one year warranty of the mobile in question. During the month of October, 2018, mobile phone in question started giving problem for which complainant approached OP No.1 for removal of defects of the mobile in question, being under warranty. Deliver Note, dated 27.10.2018, Annexure C2 clearly shows that complainant faced a problem of switch off, of the mobile in question. Complainant further submitted that in the month of June, 2019 he again faced problem with the mobile in question and same was rectified, but after some time again same problem occurred due to which he suffered a lot. Complainant again approached the OP No.1 for removal of defects in the mobile in question, being under warranty, but OP No.1 asked for a payment of Rs.3500/- for removal of defects, which is against the terms and conditions of the warranty as the mobile in question was under warranty, when it gave problem. On the other hand, none has contested the complaint on behalf of OPs as they were proceeded against ex-parte, therefore, the contents enumerated in the complaint remained un-rebutted and unchallenged against the OPs and thus, we have no other option, except to believe the version as well as documents submitted by the complainant, which is duly supported by his affidavit and other supporting documents. From the above mentioned facts and circumstances, it is clearly established that the mobile in question got defective within warranty period and the OPs have failed to redress the grievance of the complainant, as such, OPs are deficient in providing the services to the complainant and are not only liable to repair/replace the mobile phone in question, being under warranty, but are also liable to compensate the complainant for the mental agony and physical harassment suffered by complainant.

7.                In view of the aforesaid discussion, we hereby allow the present complaint against the OPs. OPs are directed to comply with the following directions:-

1. To repair the defective mobile in question. If they are not in a position to repair the same, then to replace the same with same model.
2. To pay Rs.5,000/- as compensation for mental agony and physical harassment suffered by the complainant.

 

                   The OPs are further directed to comply with the aforesaid directions within the period of 30 days from the date of receipt of the certified copy of this order. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced on :24.02.2020.

 

 

                    (Ruby Sharma)                                            (Neena Sandhu)

                     Member                                                          President