Punjab

Sangrur

CC/678/2016

Manish Kumar - Complainant(s)

Versus

M/s Jain Telecom - Opp.Party(s)

Shri Tarun Goyal

25 Apr 2017

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                             

                                                                  Complaint no. 678                                                                                        

                                                                  Instituted on:   29.11.2016                                                                                   

                                                                  Decided on:    25.04.2017

 

Manish Kumar  son of Krishan Lal Modi r/o Ward No.11 Malka Mohalla Sunam District Sangrur.         

                                                …. Complainant

                                Versus

1.      M/s Jain Telecom, Near Stadium Moonak District Sangrur through its Manager.

2.     Lava International Limited A/56 Sector 64 Noida (201-301) through its Chairman/MD.

3.     Dhiman Mobile repair Near Post Office Dhandial Road, Patran, District Patiala through its signatory authority.                                                                                                                  ….Opposite parties.

 

FOR THE COMPLAINANT      :     Shri Taran Goyal Advocate                          

 

FOR OPP. PARTIES NO.1&3   :     Exparte.                         

 

FOR OPP. PARTY NO.2          :      Shri Sandip Goyal, Advocate.                

 

Quorum

         

                    Sukhpal Singh Gill, President

Sarita Garg, Member

Vinod Kumar Gulati, Member

     

 

ORDER:  

 

Sukhpal Singh Gill, President

 

1.             Manish Kumar complainant has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that he purchased a mobile bearing Model No. IRISPRO20  from OP no.1 for Rs.8800/- on 18.02.2016 under one year warranty.   From the very beginning of purchase the mobile set started giving problems like overheating, more battery consumption and bubbles appearing at its display for which the complainant approached OP no.3 who kept the same and returned it after repair.  In the month of July,  touch unit  was not working properly and display of unit was went blank  for which  the complainant again approached OP no.3 who kept the mobile set and issued job sheet dated 31.07.2016. Thereafter OP no.3 told the complainant that there is problem in the mother board and OP no.3 could not repair the same without payment. The complainant requested the OPs either to repair or replace the mobile set but the OPs flatly refused to do so. Thus, alleging deficiency in service on the part of OPs, the complainant has sought following reliefs:-

 

i)      OPs be directed to pay Rs.8800/- along with interest @18% per annum from the date of purchase till realization,

 

ii)     OPs be directed to pay to the complainant a sum of Rs.10000/- as compensation   on account of mental agony, harassment,

iii)   OPs be directed to pay Rs.10000/- as litigation expenses.

2.             Notices were issued to the OPs but despite service OPs no.1 and 3 did not appear and as such OPs no. 1 and 3 were proceeded exparte.

3.             In reply filed by the OP no.2, it is denied that mobile set  started giving problems from the very beginning.  It is wrong that  except 31.07.2016  complainant ever went to any of the OPs.  It is submitted that when the complainant submitted the mobile set to the OP no.2 in 31.07.2016 the mobile set in question was in tempered condition and its SIM  tray track was damaged, lock was missing Lcd was blank.  It is further submitted that the complainant never made any request to OPs to repair or replace the mobile or to refund the amount because  there is defect due to tampering in the mobile phone and the complainant was well aware that tampering will not cover  the warranty. Thus there is no deficiency in service on the part of the OP no.2.

4.             The complainant in his evidence has tendered documents Ex.C-1 to Ex.C-4 and closed evidence. On the other hand, OP no.2 has tendered documents Ex.OP2/1 to Ex.OP2/5  and closed evidence.

5.             It is admitted that the mobile set in question was purchased from the OP no.1 on 18.02.2016 which is evident from the bill no.3253 dated 18.02.2016 Ex.C-4.  The complainant's case is that from the very beginning the mobile set in question started giving problems of touch unit not working properly  and display unit went blank.

6.             On the other hand,  OP no.2 specific case is that  when the complainant submitted  the mobile set to the OP no.2 on 31.07.2016  the same was in tampered condition and its SIM tray track was damaged, lock was missing and LCD was blank.  Further, the OP's case is that the mobile set cannot be repaired/replaced and its  price amount cannot be refunded when the defect is due to tampering of the mobile set because tampering of the mobile set is not cover under the warranty. The complainant has not specifically denied this fact of the OP.

 

7.             It is OP no.2 specific case that the warranty of the unit becomes void in the event of tampering of the mobile set .  In the instant case, it is OP no.2 case that the mobile set was in tampering condition which is not covered under the warranty terms. In support of their version, the OP no.2 has produced on record Lava Warranty certificate which is Ex.OP2/2. We feel that the complainant has totally failed to prove his case rather the OP no.2 has proved their case by producing cogent document i.e. warranty card Ex.OP.2/2 on record.

8.             For the reasons recorded above, we do not find any merit in the complaint of the complainant and as such the same is dismissed. Copy of the order be supplied to the parties free of charge. File be consigned to records in due course.                                            Announced

                April 25, 2017

 

 

 

 ( Vinod Kumar Gulati)      (Sarita Garg)    (Sukhpal Singh Gill)                                                                                                                            Member                      Member                      President

 

 

 

 

 

BBS/-