Haryana

Yamunanagar

CC/1260/2012

Sunil Malik s/o sh.Baldev Singh - Complainant(s)

Versus

M/s Bhalla communication - Opp.Party(s)

V.K.Malhotra

01 Apr 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR

 

                                                                                            Complaint No. 1260  of 2012.

                                                                                            Date of institution:29.11.2012.

                                                                                            Date of decision: 01.04.2016.

Sh. Sunil Malik son of Sh. Baldev Singh aged about 28 years, resident of village Salampur Bangar, Tehsil Jagadhri, District Yamuna Nagar.   

                                                                                                           …Complainant.

                                    Versus

 

1. M/s Bhalla Communication, Opp. Laxmi Theatre Yamuna Nagar-135001.
2. Cell Point Carbonn Mobile, near Corporation Bank, Yamuna Nagar.
3. Karbonn Mobile, Corporate Office, D-170, Okhla Phase-1, South Delhi, New Delhi, India.                                                                                                                                                        ... Respondent

 

Before:            SH. ASHOK KUMAR GARG…………….. PRESIDENT.

                        SH. S.C.SHARMA………………………….MEMBER.

 

Present:  Sh. V.K.Malhotra, Advocate, counsel for complainant.   

                OPs No.1 & 2 ex-parte vide order dated 6.3.2012 & 21.8.2015.

                Sh. Brijesh Chauhan, Advocate, counsel for OP No. 3.

                

ORDER

 

1.                     Complainant Sunil Kumar has filed the present complaint under section 12 of the Consumer Protection Act. 1986. 

2.                     Brief facts of the complaint, as alleged by the complainant, are that the complainant purchased one mobile phone bearing model No. KARBONN GLITZ K22 bearing IMEI No. 911108700234908 for a sum of Rs. 2500/- against invoice No. 6578 dated 2.12.2011 from OP No.1. After three months, complainant found fault comprising of less battery back up and problem in display screen due to this he approached to Op No.1 who advised to go to OP No.2 who is service centre. The complainant handed over the mobile in question to OP No.2 which was handed over to the complainant without repairing, it giving the reason that the mobile hand set is out of warranty. The complainant made so many requests to the OPs to repair the mobile set in question but all in vain. Hence this complaint.

3.                     To prove the case counsel for the complainant tendered into evidence affidavit of complainant as Annexure CW/A and document such as photo copy of bill dated 2.12.2011 as Annexure C-1 and warranty status report as Annexure C-2 and closed the evidence on behalf of complainant. 

4.                     Upon notice, OP No.3 appeared and filed its written statement whereas OPs No.1 & 2 failed to appeared despite service, hence they were proceeded ex-parte. OP No.3 filed its written statement by taking some preliminary objections such as complaint is not maintainable as the same has been filed after the expiry of warranty period, the complainant has concealed the true and material facts and on merit it has been stated that complainant never approached the OPs with any alleged defect of the mobile phone. The alleged defective mobile phone is still with the complainant and lastly prayed that when the complainant never approached the OPs then no question arise of handing over the mobile set to the complainant. However, the mobile set in question is now out of warranty and lastly prayed for dismissal of complaint being no deficiency in service on the part of OPs.

5.                     Counsel for the OP No.3 made a statement that he did not want to file any evidence and closed the evidence on behalf of Op No.3.

6.                     We have heard the learned counsel for both the parties and have gone through the pleadings as well as documents placed on file very minutely and carefully.

7.                     From the perusal of bill bearing No. 6578 dated 2.12.2011  Annexure C-1, it is evident that complainant Sushil Kumar purchased the mobile set in question for a sum of Rs. 2500/- from Op No.1. The only version of the complainant is that three months ago he noticed fault comprising of less battery back up and problem in display screen, upon which he went to Op No.2 who return the same without repairing it giving the reason that the mobile hand set is out of warranty and draw our attention towards warranty status (Annexure C-2) where, so was “ out warranty” recorded. But no date has been mentioned on this warranty status. From the perusal of the contents of the complaint, it is clear that complainant has made the general allegations of less battery back up which does not constitute any manufacturing defect in the mobile in question. Even, the complainant has not filed any mechanic or expert report showing the manufacturing defect in the mobile in question. No job card has been filed from which we can presume that complainant ever visited the service centre of OP No.3. OP No. 3 i.e. manufacturer Karbonn Mobiles has taken specific plea in their written statement that the complainant never approached to the service centre of OPs with any alleged problem. When the OPs taken such type of plea then the burden to prove that mobile in question was having any manufacturing defect and the complainant was ever approached to the service centre was on the complainant but the complainant could not discharge his burden. Hence, we have no option except to dismiss the complaint of the complainant.

8.                     Resultantly, we find no merit in the present complaint and the same is hereby dismissed with no order as to costs. Copies of this order be sent to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance.

Announced in open court: 01.04.2016.                    

                                                                                    (ASHOK KUMAR GARG )

                                                                                    PRESIDENT,

 

                                                                                     

                                                                                    (S.C.SHARMA )

                                                                                     MEMBER.