DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)

                                  Consumer Complaint No.696 of 2015

                                                Date of institution:  26.12.2015                                                 Date of decision   :  03.05.2017

Jagpreet Singh Kalsi son of Partap Singh Kalsi, resident of D-68, Industrial Focal Point, Kurali, District SAS Nagar (Mohali).

                                  ……..Complainant

                                        Versus

1.     M/s. Kumar Electronics, Morinda Road, Opp. Singhpura Road, Kurali, District Mohali.

2.     M/s. A.K.S. Telecom, Quite Office No.1, F.F, Sector 35-A, Opp. Khukhrain Bhawan, Chandigarh.

                                                      ………. Opposite Parties

Complaint under Section 12 of

the Consumer Protection Act.

Quorum

Shri Amrinder Singh Sidhu, Presiding Member           

Mrs. Natasha Chopra, Member

Present:    Complainant in person.

                OPs ex-parte.

ORDER

By Mrs. Natasha Chopra, Member.

                Complainant Jagpreet Singh Kalsi has filed this complaint against the Opposite Parties (hereinafter referred to as the OPs) under the Consumer Protection Act. The brief facts of the complaint are as under:

2.             The complainant purchased Micromax Q 335 Grey Colour mobile phone from OP No.1 for Rs.4,999/- on 12.08.2015.  The mobile phone started giving problems very soon and the complainant on the advice of OP No.1 went to service centre i.e. OP No.2 on 21.10.2015.  OP No.2 took the mobile from the complainant and assured him to repair and take it back after a month. On 17.11.2015 the complainant went to OP No.2 personally and found the earlier defects in the mobile.  The OP No.2 again kept the mobile with it and asked the complainant to collect it after a month. Thereafter, the complainant is continuously calling OP No.2 but no response is being given to him. The complainant is a businessman and he is suffering in his business. Hence this complaint for giving directions to the OPs to replace the mobile with a new working mobile and also to compensate him for harassment and mental agony caused to the complainant.

3.             Registered notice was sent to OP No.1 which was received back with the report of refusal. None appeared for it on 23.02.2016 despite repeated calling. Hence presuming due service of OP No.1 under Section 28(A) sub Clause 3 of Consumer Protection Act, 1986, OP No.1 was proceeded against ex-parte vide order dated 23.02.2016.

4.             Notice was sent to OP No.2 which was delivered on it on 02.07.2016 as per India Post Tracking Report. None appeared it despite repeated calling. Hence, OP No.2 was also proceeded against ex-parte vide order dated 01.08.2016.

5.             In order to prove the case, the complainant tendered in evidence his affidavit Ex. CW-1/1; copies of bill Ex.C-1; writing of customer care Ex.C-2 and job sheet Ex.C-3.

6.             We have heard the complainant and have gone through the contents of file.

7.             We are of the considered opinion that OP No.1 and OP No.2 are deficient service jointly and severally. OP No.2 has not repaired the phone of the complainant and has not given satisfactory answer to the complainant regarding his phone. Ample opportunity was given to the OPs to appear and contest the case in this Forum but OP No.1 refused to take the notice and OP No.2 despite service did not appear and was proceeded against ex-parte. This act of the OPs amounts to admission of the averments of the complaint and they have nothing to say in this regard.

8.             Accordingly, the complaint of the complainant is allowed. OP No.1 and 2 are directed to pay to the complainant a lump sum amount of Rs.7,000/- (Rs. Seven thousand only) for cost of the mobile; mental agony and harassment. The present complaint stands allowed accordingly.

                The OP No.1 and 2 are further directed to comply with the order of this Forum within 30 days from the date of receipt of this order failing which the amount of compensation shall carry interest @ 9% per annum from the date of decision till actual payment.

                The arguments on the complaint were heard on 21.04.2017 and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.

Pronounced

Dated: 03.05.2017

(Amrinder Singh Sidhu)

Presiding Member

(Mrs. Natasha Chopra)

Member