Punjab

Ludhiana

CC/16/142

Sarveksh Narang - Complainant(s)

Versus

M/s Intl Volve Retail Pvt.Ltd. - Opp.Party(s)

Jarnail Singh Adv.

14 Feb 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, LUDHIANA.

 

Consumer Complaint No. 142 of 19.02.2016

Date of Decision            :   14.02.2017

 

Sarveksh Narang, aged 25 years, son of Sh.Om Parkash Narang, resident of 198, Kidwai Nagar, Near Shiv Shakti Mandir, Ludhiana.

….. Complainant

                                                         Versus

 

1.M/s International Value Retail Pvt. Ltd., SCF 1, Ishmeet Singh Chowk, Shastri Nagar, Ludhiana through its Managing Director.

2.HTC India Pvt. Ltd., G-4, BPTP Park Centre, Sector-30, Near National Highway 8, Gurgaon, Haryana through its Managing Director.

3.TVS Electronic, 260-A, First Floor, Model Town, Extension Near Krishna Mandir, Ludhiana through its Proprietor/Partner.

Second Address:

TVS Electronics FF03-04, Ist Floor, Anzol Plaza, Opp. Circuit house, Ferozepur Road, Ludhiana.

 

…Opposite parties

 

          (Complaint U/s 12 of the Consumer Protection Act, 1986)

 

QUORUM:

SH.G.K.DHIR, PRESIDENT

SH.PARAM JIT SINGH BEWLI, MEMBER

 

COUNSEL FOR THE PARTIES:

 

For complainant                      :        Sh.J.S.Pandher, Advocate       

For OPs                         :        Ex-parte

 

PER G.K.DHIR, PRESIDENT

 

1.                Complainant purchased one HTC One M9 + Silver colour mobile phone vide invoice No.SPMODE/00410/2015 dated 18.6.2015 for Rs.52,990/- having IMEI No.358812060147069 from OP1. Fifteen days after purchase, the camera of the mobile phone stopped working. Thereafter, complainant visited OP3, the service centre for disclosing the defect in the mobile phone. Authorized representative changed the mother board of the mobile phone from IMEI No.358812060147069 to IMEI No.3588120675-4551. After change of the mother board, the mobile phone started over heating upto 51 degree Celsius. Complainant again approached Op3, who kept the mobile phone for 15 days. Thereafter, the complainant was disclosed as if the mobile phone is OK because it has stopped over heating while operating. Thereafter, this overheating of the mobile phone went upto 58 degree while operating and as such, the same became health hazardous. Complainant approached the service centre of company through emails and personally, but OP3 refused to entertain the complainant and thereafter, flatly refused to remove the defects. Substandard mobile phone supplied to the complainant by Ops by adopting unfair trade practice and putting him in darkness. After serving legal notice dated 12.1.2016 through counsel upon Ops, this complaint filed with request for replacement of the mobile phone with new one along with D.O.A. certificate. Compensation for mental pain and agony of Rs.1 lac, but litigation expenses of Rs.22,000/- claimed.

2.                Ops are ex-parte in this case.

3.                Complainant in ex-parte evidence tendered his affidavit Ex.CA along with documents Ex.A1 to Ex.A12 and then closed the ex-parte evidence.

4.                Written arguments not submitted, but oral arguments addressed and those were heard. Records gone through minutely.

5.                Complainant has produced on record invoice Ex.A5 to show that he purchased the mobile phone in question for Rs.52,990/- on 18.6.2015 from OP1. This mobile phone manufactured by OP2 and OP3 is its service centre. Ex.A6 to Ex.A10, the email correspondence available on record shows that the mobile phone in question of the complainant had developed defects and even after repair, the same went on heating upto 51 degree at one time and upto 58 degree and 55.0 C at other occasions. Overheating of the mobile phone certainly bound to cause problem of health even to its user and as such, allegations of use of the defective mobile phone in question   as health hazardous are true. The mobile phone in question has not been replaced with  new one by OPs, despite its being health hazardous and despite serving legal notice Ex.A4 through postal receipts Ex.A1 to Ex.A3 upon Ops and as such, Ops provided deficient service to the complainant. Complainant cannot keep the health hazardous mobile phone with him and as such, he is entitled for the replacement of the defective mobile phone in question with new one with unexpired warranty period of 7 months. That unexpired period of 7 months computed by keeping in view the date of purchase as 18.6.2015 from Ex.A5 and that of lodging of complaint through Ex.A6 as 23.11.2015. On account of non replacement of the defective mobile phone with new one, complainant suffered lot of mental tension and agony and as such, he is entitled for compensation for mental harassment and to litigation expenses also. Liability of Ops held as joint and several because after sale by OP1, OP3 the service centre bound to provide the service on behalf of manufacturer i.e.OP2.

6.                As a sequel of the above discussion, complaint allowed exparte in terms that Ops will replace the defective mobile set in question with new one within 30 days from date of receipt of copy of this order, subject to deposit of the old set and its accessories by complainant with any of the Ops within 15 days from the date of receipt of copy of this order. Replaced mobile set will carry warrantee of seven months from the date of handing over of the replaced mobile set by Ops or any of them to complainant. Compensation for mental harassment of Rs.5,000/- (Rupees Five Thousand only) and litigation expenses of Rs.2,000/- (Rupees Two Thousand only) more allowed in favour of complainant and against Ops. Liability of Ops held as joint and several. Payment of these amounts be made within 30 days from date of receipt of copy of order. Copies of order be supplied to parties free of costs as per rules.

7.                File be indexed and consigned to record room.

 

                   (Param Jit Singh Bewli)                              (G.K. Dhir)

                                              Member                                                  President

Announced in Open Forum                                                          Dated:14.02.2017

Gurpreet Sharma.