BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.293 of 2014

Date of Instt. 22.8.2014

Date of Decision :20.03.2015

Gurkamaldeep Singh son of Balbir Singh R/o Village Rai Chach, PO Sagran, Tehsil Dasuya, District Hoshiarpur.

..........Complainant

Versus

1. M/s Business Bay, Ground Floor, 182-R, Model Town, Jalandhar through its Manager (earlier known as Avtech Digital Equipments(P), Ltd, Shop No.186-L, Model Town, Jalandhar through its Manager.

2. Apple India Pvt Ltd, No.24, 19th Concord Towner-C, UB City Vittal Malaya Road, Banglore-560001 through its Managing Director.

3. Bajwa Mobile Care Centre, Guru Nanak Nagar Gas Agency Road, Dasuya, District Hoshiarpur, through its Branch Manager.

.........Opposite parties

Complaint under section 1 2 of the Consumer Protection Act.

Before: S. Jaspal Singh Bhatia (President)

Ms. Jyotsna Thatai (Member)

Sh.Parminder Sharma (Member)

Present: Sh.Navjor Singh Adv., counsel for complainant.

Opposite parties exparte.

Order

Jyotsna Thatai (Member)

1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act, against the opposite party on the averments that the complainant purchased one mobile handset of Iphone 5S Gold 16 GB, IMEI No.352020060030725 for the consideration amount of Rs.53,200/- on 27.2.2014 from the shop of the opposite party No.3 vide invoice No.10. The above said handset was given with one year warranty. After one month of purchasing of the above said handset, it started giving problem on regular occasions and sometimes the display of the screen got dead and further the mobile was not able to get on and it stopped working at all. The complainant has not been able to use the same. The said complaint was duly informed by the complainant to the opposite parties including opposite party No.1 who is authorized service care centre of the company of which the complainant has purchased the handset and on 11.3.2014 the handset was taken by the opposite party No.1 for repairs/replacement and the job card was issued to the complainant dated 11.3.2014. While filling the above said repair/replacement request form/job card, the opposite parties assured the complainant that the defect will be removed from the mobile handset and further if required new handset will be given. After few days when the complainant approached the opposite parties and asked them about the progress of the mobile set taken by the opposite parties for repair/replacement, the opposite parties started lingering the matter on one pretext or other and failed to give any satisfactory reply to the complainant and further failed to return the mobile to the complainant. Thereafter the complainant again approached the above said opposite parties and asked about the above said handset and it was disclosed by the opposite parties that some theft has taken place in the stores of the opposite parties due to which the opposite parties have failed to repair and return the handset of the complainant but the opposite parties keep on assuring the complainant that the handset will be delivered to the complainant within one or two weeks as job card of the same is with the complainant and which has been duly signed by the employees and representative of the opposite parties and moreover no other claimant on the same IMEI number has so far claimed the mobile handset from the opposite parties. On such like averments, the complainant has prayed for directing the opposite parties to replace the defective handset of the complainant with new one or to refund its price i.e Rs.53,200/- to him. He has also claimed compensation and litigation expenses.

2. Opposite parties did not appear inspite of notice, as such they were proceeded against exparte.

3. In support of his complaint, learned counsel for the complainant has tendered into evidence affidavits Ex.CA and Ex.CB alongwith copies of documents Ex.C1 to Ex.C4 and closed evidence.

4. We have carefully gone through the record and heard learned counsel for the complainant.

5. The complainant purchased the Iphone in question from opposite party No.3 vide retail invoice dated 27.2.2014 Ex.C1 for Rs.53,200/-. Counsel for the complainant contended that after one month of purchase of the mobile handset, it started giving problem on regular occasions and on some occasions display of the screen became dead and further mobile also did not use to start and stopped working at all. Counsel for the complainant further contended that complainant gave the mobile handset in question to service centre of the company i.e. opposite party No.1 who issued job sheet dated 11.3.2014 Ex.C2. Counsel for the complainant further contended that opposite party No.1 failed to repair the handset or to replace the same inspite of repeated visits. The opposite parties have not come present to contest the version of the complainant and as such we have no reason to disbelieve the version of the complainant.

6. In view of above discussion, the present complaint is accepted and opposite parties No.1 and 2 are directed either to give the mobile handset of the complainant in fully repaired condition to him within 15 days from the date of receipt of copy of this order or in the alternative to replace it with new one or to refund its price to him. The complainant is also awarded Rs.3000/- in lump sum on account of compensation and litigation expenses. Copies of the order be sent to the parties free of costs under the rules. File be consigned to the record room

Dated Parminder Sharma Jyotsna Thatai Jaspal Singh Bhatia

20.03.2015 Member Member President