DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

          Complaint Case No.: 86 of 2010

 Date of Inst: 15.02.2010

                Date of Decision:03.05.2010

Jang Singh s/o L.Sh.Arjan Singh resident of H.No.2536, Sector 39-C, Chandigarh.

                                  ---Complainant

V E R S U S

1.   M/s Indira Enterprises, SCO 1039, Sector 22-B, Chandigarh.

2.   M/s Sony Ericsson Service Centre, SCO No.23, Sector 18-D, Chandigarh

3.   M/s Ericsson Mobile Communications (India), Private Ltd., 4^th Floor, Dakha House, 18/17, WEA Karol Bagh, New Delhi-110005.

---Opposite Parties

QUORUM       

              SHRI LAKSHMAN SHARMA         PRESIDENT

              SMT. MADHU MUTNEJA           MEMBER

PRESENT:      Sh.Amrinder Singh, Agent of Complainant

OPs exparte.

                            ---

PER LAKSHMAN SHARMA, PRESIDENT

          Sh.Jang Singh has filed this complaint under section 12 of the Consumer Protection Act, 1986 praying therein that OPs be directed to refund Rs.7090/- being the price of mobile set. It has further been prayed that complainant be also compensated for harassment and mental agony.

2.        In brief, the case of the complainant is that he purchased a mobile set of Sony Ericsson (Model No.F305 Mystic Black) from OP-1 vide Bill No.2934 dated 13.09.2009 for Rs.7090/-. The said mobile phone was covered under warranty.  According to the complainant, soon after its purchase, the mobile set went out of order.  Presuming that it was a network problem, the complainant got the sim card changed from M/s Vodafone. It has been pleaded that the mobile set was still giving problems. Therefore, the complainant handed over the set to OP-2 on 23.10.2009 for effecting the repairs who kept the same for 2 months. According to the complainant, he received the exchanged phone on 16.12.2009 but the said set also started giving problems after 10-12 days. In these circumstances, the present complaint was filed seeking the reliefs mentioned above.

3.        OPs were duly served but nobody appeared on their behalf either in person or through counsel. Therefore, OPs were ordered to be proceeded against exparte vide order dated 08.04.2010.

4.        We have heard the agent of the complainant and have gone through the entire record including documents, annexures, affidavits etc. 

5.        Annexure C-1  is the copy of the bill whereby the mobile set in question was purchased by the complainant for a sum of 7090/-. Annexure C-2 is the copy of the job card dated 23.10.2009 whereby the complainant handed over the mobile set to OP-2 for effecting the necessary repairs. The complainant in his affidavit deposed that he received the exchanged phone on 16.12.2009 which also started giving problems after 10-12 days. The evidence led by the complainant has also gone unrebutted and un-controverted. Thus, OPs have failed to provide a defect free handset to the complainant which amounts deficiency in service.

6.        In view of the above findings, this complaint is allowed with a direction to OPs to refund a sum of Rs.7090/- to the complainant being the price of the mobile phone in question. OPs are also directed to pay to the complainant a sum of Rs.2,000/- as compensation for mental agony and harassment besides Rs.1,100/- as costs of litigation.  The complainant is also directed to return the defective mobile set in question to OPs on receipt of the awarded amount.

7.        This order be complied with by OPs within one month from the date of receipt of its certified copy, failing which OPs shall be liable to pay Rs.9090/- to the complainant along with penal interest @ 18% p.a. from date of filing of the complaint i.e. 15.02.2010 till its realization besides costs of litigation.

8.        Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced                                       sd/-

03.05.2010                             (LAKSHMAN SHARMA)

PRESIDENT

Cm

Sd/-

 (MADHU MUTNEJA)

MEMBER