BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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Nishant Sood, #1145-B, Sector 46-B, Chandigarh 160047

….…Complainant

                                V E R S U S

M/s Harbans Singh & Sons, S.C.O.-1004 (Basement), Sector 22-B, Chandigarh

                                        ..…Opposite Party

CORAM:    SH.RAJINDER SINGH GILL     PRESIDING MEMBER

                MRS. MADHU MUTNEJA                MEMBER

Argued by:         Complainant in person.

OP exparte

PER SH.RAJINDER SINGH GILL, PRESIDING MEMBER

               Briefly stated, the complainant purchased one Mobile Handset Make COLOURS W7 from OP for Rs.5700/- on 7.10.2010 vide Bill Ann.C-1.  The mobile set started giving problems from the very beginning.  It did not work properly and was not able to catch mobile service provider signals.  The signal used to drop very frequently while talking on the phone and voice was distorted while call was going on.  The matter was reported to the dealer as well as to colors Service Station, who updated the mobile software but the problem still persisted.  Ultimately, the OP replaced the handset with another handset of same make.  However, the replaced handset of the same make also had the same problem and therefore, it was also taken to OP with request to refund the invoice price of the handset in response to which OP had asked that they will deduct Rs.2500/- from the said amount.  Alleging this act of the OP, as gross deficiency in service and unfair trade practice, the present complaint has been instituted.

2]             OP-M/s Harbans Singh & Sons did not turn up despite having been duly served with the notice of the complaint.  Therefore, it was proceeded against exparte vide order dated 14.12.2010.

3]             Complainant led evidence in support of his contentions.

4]             We have heard the complainant and have perused the record.

5]             The contention of the complainant is that he purchased COLORS W7 Mobile handset from OP for Rs.5700/- against Bill annexed as Ann.C-1, dated 7.10.2010  but since it was giving frequent problems from the very beginning, therefore, he had to visit OP for replacement of the said mobile set.  In response to it, the OP gave another mobile handset of the same make but it too did not work properly and gave the same problems. So, the complainant requested the OP to refund the price of the mobile handset to which they had asked that they will deduct Rs.2500/- from the said amount.  It is also contended that due to the above deficient act of OP, the complainant had to face lot of harassment and inconvenience. 

6]             OP had not appeared inspite of due service to contest or rebut the assertions of the complainant, hence it goes unrebutted from their side. 

7]             The mobile set was purchased on 7.10.2010 and it became defective within 2 days of its purchase.  Though the set was replaced with another one of same make but it too became defective within week.  The defects in the mobile handsets clearly occurred within the warranty period.  Therefore, OP was certainly bound to get it replaced with some defect-free mobile handset or refund price amount thereof, which it did not do.

8]             Enough opportunity was granted to the OP to contest the case of the complainant but despite the service of notice, they did not appear to put their defence or to rebut the assertions put forth by the complainant.

9]             The complainant has led sufficient documentary evidence on record to prove his case and moreover, his assertions have gone unrebutted.  Therefore, we do not have any reason to disbelieve the contentions of the complainant.

10]            In view of the above discussion, we are of the opinion that the present complaint must succeed. The same is accordingly, allowed.  The OP is directed to refund the invoice amount of the mobile set to the complainant i.e. Rs.5700/- along with cost of litigation of Rs.2500/- within 30 days from the date of receipt of the copy of the order, failing which, the OP would be liable to pay interest on Rs.5700/- at the rate of 12% p.a. from the date of purchase of mobile set i.e. 07.10.2010 till the date of actual payment, besides paying Rs.2500/- as cost of litigation.

                Certified copies of this order be sent to the parties free of charge.  The file be consigned.