BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.43 of 2015

Date of Instt. 09.02.2015

Date of Decision :09.06.2015

Geeta Sekhri, 253, Shiv Nagar, Sodal Road, Near Gurudwara, Jalandhar-144004.

..........Complainant Versus

1. M/s mobile House (Johny), EK-231/1, Old Division No.3, Market, Phagwara Gate, Near Bhagat Singh Chowk, Jalandhar.

2. M/s Gopal Telecom, EH-198, Shop No.2 (GF), Lotus Tower, Civil Lines, GT Road, Near Gujrat Palace, Jalandhar.

3. M/s Micromax House, 90B, Sector-18, Gurgaon-122015.

.........Opposite parties

Complaint Under Section1 2 of the Consumer Protection Act.

Before: S. Jaspal Singh Bhatia (President)

Sh.Parminder Sharma (Member)

Present: Complainant in person.

Sh.Manuj Aggarwal Adv., counsel for OP No.3.

Opposite parties No.1 and 2 exparte.

Order

J.S.Bhatia (President)

1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act, against the opposite parties on the averments that she purchased a Micromax mobile model A109 XL2 from M/s Mobile House vide bill No.10407 dated 18.1.2015. She has faced too many problems while using the mobile like disturbance during call, call disconnection, application downloading and wi-fi coverage. So, she talked to opposite party No.1 regarding these problems on 24.1.2015 and they told her to go to service centre. So, she went to opposite party No.2 and told her problems. They said, it is a minor software problem and it will take half an hour only to solve these problems. After waiting one and half hour they told her to take her mobile next day vide job sheet dated 27.1.2015 and IMEI/ESN No.911375608090779, 911375608116855. After that when she went next day they said, it will take time 7 to 8 days but if she can not wait, she can pick her mobile. They talked to her very rudely. It is alleged that after receiving mobile phone, she faced all the same problems as previous one. On such like averments, the complainant has prayed for directing the opposite parties to pay her compensation and litigation expenses.

2. Upon notice, opposite parties No.1 and 2 did not appear and as such there were proceeded against exparte. However, opposite party No.3 appeared through Sh.Manuj Aggarwal Advocate but opposite party No.3 did not file any written reply and on the contrary counsel for opposite party No.3 made a statement that opposite party No.3 is ready to pay price of the mobile handset i.e Rs.7800/- to the complainant, subject to her returning the old mobile handset alongwith accessories. He further stated that opposite party No.3 do not want to lead evidence.

3. In support of her complaint, complainant has tendered into evidence affidavit Ex.CA alongwith copies of documents Ex.C1 to Ex.C4 and closed evidence.

4. We have carefully gone through the record and also heard the complainant in person and learned counsel for the opposite party No.3.

5. Complainant purchased the Micromax mobile handset in question from opposite party No.1 vide retail invoice dated 18.1.2015 Ex.C1 for Rs.7800/-. According to the complainant, soon after purchase, she faced various problems with the mobile handset and she approached service centre but it failed to rectify the defects. The opposite party No.3 has not filed any written statement rebutting the allegations of the complainant. The fact that opposite party No.3 is ready to refund the price of the mobile handset to the complainant clearly suggest that mobile handset of the complainant was defective and is beyond repair. The opposite party No.3 offered to refund the price of the mobile handset only after the complainant has filed the present complaint. So, she is also entitled to some compensation and litigation expenses.

6. In view of above discussion, the present complaint is accepted and opposite party No.3 is directed to refund the price of the mobile handset i.e Rs.7800/- to the complainant, subject to her returning the old mobile handset and its accessories to opposite party No.3. She is also awarded Rs.3000/- in lump sum on account of compensation and litigation expenses. Copies of the order be sent to the parties free of costs under rules. File be consigned to the record room.

Dated Parminder Sharma Jaspal Singh Bhatia

09.06.2015 Member President