BEFORE THE  DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KAITHAL.

Complaint no.49/15.

Date of instt.: 17.03.2015.

                                                        Date of Decision: 01.06.2015.

Suresh Kumar S/o Sh. Arjun Dass C/o Garg Hard Ware and Machinery Store, Railway Road, Opp. Guga Madi, Kaithal.

                                                                ……….Complainant.                               Versus

1. M/s. Lavish Communication G2 Lala Lajpat Rai Complex, Pehowa Chowk, Kaithal through its Prop./partner/owner/Dealer of Gionee Mobile Phone.

2. Gionee Care Centre, Khurana Market, C/o Jai Maa Mobile Repair, near Nota Chowk, Opp. Jammu Bhale Wala Sarafa Bazar, Kaithal through its prop./owner Vinay Garg.

3. UT Electronic Private Ltd., Regd. Office, SCO No.363-364, Sector-35-B, Chandigarh through its Managing Director (Manufacturer of Gionee Mobile Phone).

..………OPs.

COMPLAINT UNDER SEC. 12 OF CONSUMER PROTECTION ACT, 1986.

Before           Sh. Jagmal Singh, President.

                        Sh. Rajbir Singh, Member.

     Smt. Harisha Mehta, Member.

 Present :      Sh. Sushil Sharma, Advocate for complainant.

                       OPs already exparte.

                       ORDER

(JAGMAL SINGH, PRESIDENT).

                    The complainant has filed the present complaint under Section 12 of Consumer Protection Act, 1986, with the averments that he purchased a mobile Gionee S 96 from Op No.1 for sum of Rs.3,000/- bearing IMEI No.864144026180167 and 864144027180166 vide invoice No.2052 dt. 23.04.2014 against the guarantee of one year.  It is alleged that while charging the battery of the above-said mobile phone, the mobile was not working properly/the mobile set was damaged due to the number pad was not working properly nor dialing the set number and keypad of the mobile was totally broken and not working to dialing the number to the same.  This way, the Ops are deficient in service and adopting unfair trade practice.  Hence, this complaint is filed.  

2.     Upon notice, the Ops did not appear and were proceeded against exparte vide order dt. 27.04.2015. 

3.     The complainant tendered in evidence affidavit (Ex.CW1/A) and documents Ex.C1 to C3 and closed evidence on 26.05.2015.   

4.     We have heard the ld. counsel for complainant and perused the case file carefully and minutely.

5.     Keeping in view the facts and circumstances of the case, we found that purchased a mobile Gionee S 96 from Op No.1 for sum of Rs.3,000/- bearing IMEI No.864144026180167 and 864144027180166 vide invoice No.2052 dt. 23.04.2014 against the guarantee of one year.  Ld. Counsel for the complainants contends  that while charging the battery of the above-said mobile phone, the mobile was not working properly/the mobile set was damaged due to the number pad was not working properly nor dialing the set number and keypad of the mobile was totally broken and not working to dialing the number to the same.  The complainant has also tendered in evidence affidavit (Ex.CW1/A), copy of bill (Ex.C1), copy of detail of Gionee India Customer Service Centre (Ex.C2) and copy of job-sheet (Ex.C3).  Whereas, on the other hand, the Ops did not appear and opt to proceed against exparte.  So, the evidence adduced by the complainant goes unrebutted and unchallenged.  So, we are of the considered view that the Ops are deficient while rendering services to the complainant.      

6.     Thus, in view of above discussion, we allow the complaint exparte and direct the Ops to replace the defective mobile set of the complainant with new one of the same model, as purchased by the complainant vide invoice No.2052 dt. 23.04.2014.  However, it is made clear that if the said mobile as purchased by the complainant from Op No.1, is not available with the Ops, then the Ops shall refund Rs.3000/- as the cost of mobile to the complainant.   The Ops are also burdened with cost of Rs.1100/- as compensation for harassment, mental agony and cost of litigation charges to the complainant.  All the Ops are jointly and severally liable.  Let the order be complied within 30 days from the date of communication of order till its realization, failing which, the complainant shall be entitled interest @ 8% p.a. on the amount of Rs.3000/- from the date of commencement of this order till its realization.  A copy of this order be sent to both the parties free of cost.  File be consigned to the record room after due compliance.

Announced.

Dt.01.06.2015.

                                                                (Jagmal Singh),

                                                                President.

                (Harisha Mehta),   (Rajbir Singh), 

                        Member.       Member.