Haryana

Karnal

CC/299/2015

Ajay Verma S/o Naresh Chander Verma - Complainant(s)

Versus

M/s Jindal Communication - Opp.Party(s)

Ashwani Kumar Popli

29 Jul 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

                                                              Complaint No.299 of 2015

                                                             Date of instt.:7.12.2015

                                                               Date of decision 29.07.2016

 

Ajay Verma aged 35 years son of Shri Nagesh Chander Verma, resident of House no.H-88, Gali no.3, Hansi Road, Karnal.

 

                                                                   ……..Complainant.

                                      Vs.

1. M/s Jindal Communication, # 10-C New Subji Mandi Gate, Karnal, through its proprietor.

2. M/s New Mass Communication, shop no.152, First Floor, Mughal Canal Road, Karnal-132001, through its proprietor/partner.

3. MPS Telecom Private Limited, D-55, First & Second Floor, Okhla Industrial Area, Phase-1, New Delhi, through its Managing Director/C.E.O. Authorized Representative (Importer of Mobiles/Products of HTC Corporation LTd.)

 

                                                                   ………… Opposite Parties.

 

                     Complaint u/s 12  of the Consumer Protection Act.

 

Before                   Sh.K.C.Sharma……….President.

                   Sh.Anil Sharma…….Member.

 

Present:-      Shri Ashwani Popli Advocate for complainant.

                    Opposite parties exparte.

                    

                    

 ORDER:

 

                   This complaint has been filed by the complainant u/s 12 of the Consumer protection Act 1986, on the averments that he purchased a mobile hand set HTC Desire 526-G duel sim  bearing IMEI No.3576290638850395 and IMEI no.3576290639331948 from opposite party no.1 for a sum of Rs.10,900/-, vide bill dated 25.04.2015, with a warranty of one year. The said mobile set was manufactured by opposite party no.3 and opposite party no.2 was authorized service centre of the company. After 2-3 months, the said mobile set started giving problems of Hang at booting, touch not proper working and sometimes keypad not working. He approached the opposite party no.1, who sent him to opposite party no.2 i.e. service centre of the company. He approached the opposite party no.2 on 17.8.2015 and explained about the problems of the mobile set. The opposite party no.2 assured him that the problems would be removed, therefore, he deposited the mobile set, vide job sheet dated 17.8.2015. Opposite party no.2 asked him to come after one week, but the mobile set was not repaired and he was further asked to come after 10 days. Thereafter, as per assurance of opposite party no.2 he again visited the office of opposite party no.2 for getting his mobile phone, then opposite party no.2 returned the said mobile phone on 31.8.2015 , but the mobile set was not working properly.  Thereafter, he again deposited the mobile set with the opposite party no.2 for removal of the faults, but after several efforts opposite party no.2 could not rectify the defects.  Ultimately, the mobile set was returned by saying that the same was not repairable and was having some manufacturing defect. Such acts on the part of the opposite parties amounted to deficiency in service on their part, which caused him mental agony, harassment and financial loss.

2.                Notice of the complaint was given to opposite parties. None put into appearance on behalf of opposite parties despite service, therefore, exparte proceedings were initiated against them.

3.                In evidence of the complainant, his affidavit Ex. CW1A and documents Ex.C1 to C5 have been tendered.

4                 We have heard the complainant and have also gone through the documents placed on file carefully.

5.                The complainant purchased mobile hand set HTC Desire 526-G duel sim  bearing IMEI No.3576290638850395 and IMEI no.3576290639331948 from opposite party no.1 for a sum of Rs.10,900/-, vide bill dated 25.04.2015, with a warranty of one year.  As per allegations of the complainant, after 2-3 months the mobile set was not working properly, as problems of Hang at booting, touch not proper working and sometimes keypad not working, so he reported the matter to opposite party no.2, the authorized service centre of the company, who kept the hand set for rectification of defects, but did not rectify the defects and returned the mobile set. The complainant has also filed his affidavit in support of his allegations. The copy of the job sheet Ex.C2 clearly shows that the mobile set was having problems during warranty period. Thus, evidence of the complainant has gone unrebutted and unchallenged, therefore, there is no reason to disbelieve the same. It was the duty of the opposite parties no. 2 and 3 either to rectify the defects or in case the defects were not repairable then replace the mobile set of the complainant. Hence, it is well proved that the service of the opposite parties no.2 and 3 was deficient.

6.                As a sequel to the foregoing reasons, we accept the present complaint and direct the opposite party no.3 (being manufacturer) to replace the mobile set in question of the complainant with new one of the same value. We further direct the opposite parties no. 3 to  pay Rs.2200/- to the complainant on account of mental agony and harassment suffered by him and for the litigation expenses. This order shall be complied within 30 days from the receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated: 29.07.2016

                                                                                      (K.C.Sharma)

                                                                                         President,

                                                                             District Consumer Disputes

                                                                             Redressal Forum, Karnal.

                             (Anil Sharma)

                               Member