Haryana

Ambala

CC/460/2016

Jaswant Yadav - Complainant(s)

Versus

M/s Customer Care Officer - Opp.Party(s)

In Person

21 Feb 2018

ORDER

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                          Complaint case no.        : 460 of 2016

                                                          Date of Institution         :  27.12.2016

                                                          Date of decision   :  21.02.2018

 

Jaswant Yadav son of Sh. Sukhraj Yadav, aged about 34 years, resident of House No.225, Lal Kurti Bazar, Ambala Cantt. District Ambala, Haryana.

……. Complainant.

 

 

1.       YU Televentures Pvt. Ltd, 90-B, Sector-18, Gurgaon, Haryana -122015.

2.       M/s Customer Care Office Television Pvt. Ltd, 90-B, Sector-18, Gurgaon, Haryana- 122015.

3.       M/s (No.50113) Service City, Shop No.167/17, Part-A, New Vijay Rattan Chowk, Ambala Cantt (Tin 6441047507)

 

 ….….Opposite Parties.

 

Before:        Sh. D.N. Arora, President.

                   Sh. Pushpender Kumar, Member.

Ms. Anamika Gupta, Member.

 

 

Present:       Complainant in person.

OPs No. 2 & 3 proceeded exparte v.o.d. 24.02.2017.

OP No.1 already proceeded ex parte v.o.d. 29.01.2018.

 

 

ORDER:

                   In nutshell, brief facts of the present complaint is that the complainant has purchased the Yuphoria 5010A phone on 5.01.2016 of Rs. 8000/- with IMEI No. 911476054356068 and 911476055356067 from Luckshit Communication, Shop No.38, Lal Kurti Bazar, Ambala Cantt. The complainant noticed the problem firstly in SIM 1 i.e. Slot not working properly. The complainant deposited the phone in Service Centre on 8^th April 2016 and  received back his handset on 17^th May, 2016. The device was again  submitted at the Service Centre on 22^nd July 2016, 23rd September, 2016 and  7^th October, 2016 due to power supply issue  and the repaired device was received by him on 13^th August, 2016, 4^th October 2016, 10^th Nov, 2016. Respectively.  Again the device was submitted by the complainant to the Service Centre on 13^th Nov. 2016 due to the same problem of power supply issue and his device is still not received till date and also service centre is not repairing the device. In this way, the complainant has suffered a financial loss and mental harassment. Hence, the present complaint.           

2.                Registered notices issued to Ops No. 2 &3 but none have turned up on their behalf and OPs No. 2 & 3 was proceeded against exparte v.o.d. 24.02.2017 and OP No. 1 proceeded against exparte vide order dated 29.01.2018.

3                 To prove his version complainant tendered his affidavit as Annexure C-X along with documents as Annexure C-1 to Annexure C-6 and close his evidence.

4.                We have heard learned counsel for the complainant and carefully gone through the case file. The case of complainant is that complainant had purchased the Yuphoria 5010A phone on 05.01.2016 IMEI No. 911476054356068 and 911476055356067 from Luckshit Communication, Shop No.-38, Lal Kurti Bazar, Ambala Cantt which was having warranty but started giving problems like Slot not working properly. Perusal of the job sheets dated 22.07.2016 and 13.11.2016 reveal that the mobile set developed problems like 4101-Y Power does not switch on etc. In order to prove his case the complainant has placed on file his duly sworn affidavit Annexure-CX besides another documents such as job sheets Annexure-C-2 and Annexure C-3 i.e. copies of E-mail. Perusal of the case file reveal that the hand set in question is still lying with the OPs who have neither repaired the hand set nor replaced the same with the new one despite the fact that it developed problems again and again and the complainant has to visit service center many times as shown in job sheets Annexure C-2, Annexure C-3. Due to defect in the mobile the complainant has been deprived of to use the hand set despite spending handsome amount. In the present case, the OPs have also proceeded against exparte, therefore, the contents enumerated in the complaint remained un-rebutted and thus we have no other option except to believe the version as well as documents submitted by the complainant. The mobile in question is still lying with OP No.3. Hence, its appropriate to give the direction to the OPs to refund the cost of Mobile i.e. Rs. 8000/- as per invoice C-1 alongwith @9% interest from the date of the complaint till realization. The complaint is accepted with cost which is assessed Rs. 3000/- and it is ordered accordingly. The Ops are directed to comply with the order within 30 days after the receiving the copy of the order. Copy 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 :21.02.2018

 

 

 

(PUSHPENDER KUMAR)      (ANAMIKA GUPTA)      (D.N. ARORA)

          Member                                Member                                 President