DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

Aman Arora s/o Shri Ashok Arora, resident of Flat 432, New Generation Apartments, Zirakpur, Tehsil Derabassi, Distt. SAS Nagar, Mohali.

                                      ---Complainant.

Versus

1.                 M/s Micromax, Micromax House 697, udyog Vihar, Phase V, Gurgaon, Haryana, India

2.                 Harbans Singh & Sons, SCO 1004 (Basement), Sector 22 (Opp. Bus Stand), Chandigarh.

---Opposite Parties.

BEFORE:  SHRI LAKSHMAN SHARMA                 PRESIDENT

                   SMT. MADHU MUTNEJA                       MEMBER

                   SHRI JASWINDER SINGH SIDHU       MEMBER

Argued by:  None for the complainant

                        OPs exparte.

PER LAKSHMAN SHARMA, PRESIDENT

1.                           Sh. Aman Arora has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as the Act only) praying for the following reliefs :-

i)                   to refund the amount with interest

ii)                to pay compensation.

2.                           In brief, the case of the complainant is that he purchased a Micromax mobile phone from opposite party No.2 vide invoice dated 23.8.2012 (C-1).  However, within a month’s period the handset became dead.  According to the complainant, he went to the authorised service station of the opposite parities i.e. M/s Abacus Systems, Manimajra.  The complainant was told that the main board of the phone has gone bad and that it would be replaced within 10-15 days. However, it failed to do so and ultimately told the complainant that it did not have the board. According to the complainant he requested the opposite parties to replace the handset but they did not agree. 

                   In these circumstances the present complaint has been filed seeking the reliefs mentioned above.

3.                           Notice was sent for the service of the opposite party No.1 through registered AD letter on 1.11.2012.  However, neither the same was received back undelivered nor any acknowledgement was received.  As the period of more than 30 days had passed, therefore, it was presumed that opposite party No.1 had been duly served.  None appeared on behalf of opposite party No.1 on the date fixed. Hence it was proceeded against exparte.

4.                           Opposite party No.2 did not appear despite due service.  Hence it was also proceeded against exparte.

5.                           On 29.1.2013, when the case was fixed for arguments, none appeared for the complainant.  Therefore, we proceeded to dispose of this complaint on merits under Rule 4 (8) of the Chandigarh Consumer Protection Rules, 1987 read with Section 13(2) of the Act (as amended upto date) even in the absence of the complainant. 

6.                           We have gone through the documents on record.

7.                           Annexure C-1 is the retail invoice dated 23.8.2012 through which the complainant had purchased the mobile handset in question (Micromax A-100) from opposite party No.2 for Rs.9,800/-.  The complainant has placed on record another document which is the copy of ‘Material Receive Note’ through which he gave the handset in question to M/s Abacus Systems, Manimajra for repair.  This document under the heading ‘Symptom’ mentions “4101 power does not switch on”.   As per the complainant, the opposite parties told that the main board has gone bad and that they would replace the same within 10-15 days.  But they failed to do so and ultimately told him that they do not have the board.  It has further been contended in the complaint that despite requests the opposite parties did not replace the defective handset. The complainant has filed his duly sworn affidavit in support of his contentions. 

8.                           The opposite parties did not appear to controvert the averments of the complainant.  Hence the stand of the complainant goes unrebutted.

9.                           In view of the above discussion, the present complaint is allowed and the opposite parties are directed as under :-

i)                   to refund to the complainant the price of the mobile handset in question i.e. Rs.9,800/-

ii)                to pay Rs.5,000/- as compensation for mental agony and harassment.

10.                       This order be complied with by the opposite parties, within 45 days from the date of receipt of its certified copy, failing which the aforesaid amounts shall carry interest @18% per annum from the date of filing of this complaint till actual payment.

11.                       Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

29.1.2013.

Sd/-

(LAKSHMAN SHARMA)

PRESIDENT

Sd/-

 (MADHU MUTNEJA)

MEMBER

Sd/-

(JASWINDER SINGH SIDHU)

MEMBER