DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II U.T. CHANDIGARH Complaint Case No.: 385 of 2010 Date of Inst:10.06.2010 Date of Decision: 22.11.2010 Rishi Pal Saini H.No.27-C, Opp. Post Office, Village Rally, Sector 12-A, Panchkula. ---Complainant V E R S U S M/s New Universal Communication-II, Shop No.133, Sector 34-C. Chandigarh-160022. ---Opposite Party QUORUM SHRI LAKSHMAN SHARMA PRESIDENT SHRI ASHOK RAJ BHANDARI MEMBER SMT.MADHU MUTNEJA MEMBER PRESENT: Complainant in person. OP exparte. PER LAKSHMAN SHARMA, PRESIDENT Sh.Rishi Pal Saini has filed this complaint under section 12 of the Consumer Protection Act, 1986 praying therein that OPs be directed to :- i) To hand over the new hand set or to refund Rs.2636/- along with interest ii) Pay compensation for mental agony and harassment. 2. In brief, the case of the complainant is that he purchased a dual Sim Mobile Set (Piece) of Karbonn K 330 from M/s New Universal Communication-II (OP) for a sum of Rs.2350/- vide its bill dated 19.08.2009 (Annexure C-1). The mobile set in question is covered under guarantee. According to the complainant, after two months of its purchase, the mobile set started giving problems of no signal and low volume in incoming and outgoing calls etc. The complainant approached OP who returned the mobile set by saying that the same is O.K. without checking. It has further been pleaded by the complainant that the set in question again developed additional problem of display in addition to the aforesaid defects. The complainant approached OP who advised him to approach M/s Gaurav Kukreja, Chandigarh. The complainant approached M/s Gaurav Kukreja, Chandigarh who returned the set on 16.02.2010 after charging Rs.286/- towards its repairs. According to the complainant, the mobile again started giving the same problems i.e. no signal and low volume in incoming and outgoing calls etc. It has further pleaded that OP refused to repair the set despite his repeated requests which amounts to deficiency in service. In these circumstances, the present complaint was filed seeking the reliefs mentioned above. 3. OP was duly served but nobody appeared on its behalf either in person or through counsel. Therefore, it was ordered to be proceeded against exparte vide order dated 29.09.2010. 4. We have heard the learned counsel for the complainant and have gone through the entire record including documents, annexures, affidavits etc. 5. Annexure C-1 is the copy of the bill dated 19.08.2009 whereby the mobile set in question was purchased by the complainant for a sum of Rs.2350/--. The copy of another bill dated 16.02.2010 issued by M/s Gaurav Kukreja, Chandigarh has also been placed on record. From this document, it is apparent that the handset in question was repaired by M/s Gaurav Kukreja, Chandigarh by charging Rs.286/- towards its repairs. The complainant has deposed in his affidavit that the handset in question is giving the same problems despite its repairs. Otherwise also, the allegations made in the complaint have gone unrebutted and uncontroverted as nobody appeared on behalf of the OP to contest the case. Thus, it is held that the mobile set in question is suffering from some inherent problems which cannot be rectified and the refusal of the OP to hand over the defect free handset to the complainant despite his repeated requests amounts deficiency in service and unfair trade practice. 5. In view of the above findings, this complaint is allowed with a direction to OP to refund Rs.2350/- being the price of the mobile set in question to the complainant along with Rs.286/- being the repairs charges paid to M/s Gaurav Kukreja, Chandigarh. OPs are also directed to pay to the complainant a sum of Rs.2500/- as costs of litigations. 6. This order be complied with by OP within one month from the date of receipt of its certified copy, failing which OP shall be liable to pay Rs.2636/- to the complainant along with penal interest @ 18% p.a. from date of filing of the complaint i.e. 10.06.2010 till its realization besides costs of litigation. 7. Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room. Announced sd/- 22.11.2010 (LAKSHMAN SHARMA) PRESIDENT Cm Sd/- (ASHOK RAJ BHANDARI) MEMBER Sd/- (MADHU MUTNEJA) MEMBER
C.C.No.385 of 2010 PRESENT: None. --- Arguments heard in the forenoon session. As per separate detailed order of even date, this complaint is allowed. After compliance file be consigned. Announced. 22.11.2010 Member President Member
| | MR. A.R BHANDARI, MEMBER | HONABLE MR. LAKSHMAN SHARMA, PRESIDENT | MRS. MADHU MUTNEJA, MEMBER | | 
