BEFORE THE DISTRICT CONSUMER  DISPUTES REDRESSAL FORUM; FATEHABAD.

 Complaint Case No. 125 of 2017.

 Date of Instt.:15.06 .2017.

Date of Decision: 17.11 .2017.

Dr. Pirthvi Raj Sharma son of Sh.Hem Raj Sharma, Resident of H.No.196, Madel Town Bhattu Mandi, Tehsil and  District Fatehabad.

                                                                          ..Complainant

                                     Versus

M/s NSA  TRADEX PRIVAE LIMITED.

Village Taj Nagar, Tehsil Farrukh Nagar P.O. Patli District Gurgaon Haryana, Tehsil Pataudi-Gurgaon Haryana

         ..Respondent/OP

Before:                Sh.Raghbir Singh, President.

                            Mrs.Ansuya Bishnoi, Member.

                            Sh.R.S.Panghal, Member.

Present:               Complainant in person.

                            Respondent/OP already ex-parte.

ORDER

                            The present complaint under Section 12 of Consumer Protection Act, 1986 has been filed by the complainant against the OP with the averments that he purchased mobile vide Bill No.201610031373 dated 03.10.2016 Order No.20161002080607 and Docket No.786106170 from the OP by making a payment of Rs.6148/- in cash. The said mobile was purchased by him through on-line and was delivered to the complainant at his residence. It is further submitted that after opening of the packing of mobile it was found that the mobile was defective. Therefore the complainant lodged the complaint with the OP on Complaint Number 149070. In response to the complaint the  OP asked the complainant to get the mobile checked from Service Care Centre. Thereafter the complainant visited the Care Centre but it was informed by the Care Centre that the said mobile is not of their company. Thereafter the complainant again made a complaint to the OP but no action was taken by him regarding the repair of defective mobile. It is further submitted that thereafter the mobile got hang and regarding the same complaint was made with the OP but nothing was done  on his part. It is further submitted that the above said act on the part of OP amounts to deficiency and unfair trade practice in rendering service to the complainant. Hence, the present complaint.

2.               Despite proper service, the OP did not appear and as such he was proceeded ex-parte on 06.10.2017.

3.               The complainant tendered in evidence his affidavit as Ex.CW1 wherein the averments made in the complaint have been re-affirmed. The complainant also produced in evidence copy of retail invoice of the mobile as Annexure C1 and closed the evidence.

4.               We have heard the complainant in person and perused the entire documents placed on record of the present case. It is the case of the complainant the he purchased a mobile from the OP through on-line for a total sale consideration of Rs.6148/- and payment of the same was made by him in cash while receiving the delivery of the mobile. However after opening the mobile, the same was found defective and the service centre as well as the OP did not repair the defect in the mobile. Therefore the said act on the part of the OP amounts to unfair trade practice and he is entitled for payment of the original cost of the mobile along-with compensation. The above said averments have been re-affirmed by the complainant in his affidavit Ex. CW1 and he had also produce on record the copy of retails invoice of the mobile in support of his case.

5.               The OPs despite proper service did not appear and as such the averments made by the complainant has gone un-rebutted. Therefore we are of the considered opinion that the complainant has been able to prove deficiency and unfair trade practice on the part of OP in rendering service to the complainant.

6.               Accordingly, the present complaint is allowed and the OP is directed to make a payment of Rs.6148/- i.e. original cost of the mobile along-with compensation of Rs.4000/- on account of mental agony, physical harassment and litigation charges suffered by the complainant. The present order be complied within a period of one month, thereafter the OP will be liable to make a payment of interest @ 8% on the above said amount.  A copy of this order be furnished to both the parties free of cost as provided in the rules.  File be consigned to record room after due compliance.

ANNOUNCED IN OPEN FORUM.                                                   Dt.17.11.2017                                                        

                     (Ansuya Bishnoi) (R.S.Panghal)      (Raghbir Singh)

                         Member              Member              President                                                                                       

                                                                                DCDRF, Fatehabad