BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.

                                                            Complaint Case no.208 of  2017

                                                          Date of Institution:          17.8.2017

                                                          Date of Decision:     29.11.2018

Subhash (aged about 33 years) son of Sh. Banwari Lal, resident of Ward No.4, Near Main Bus Stop, Shiv Mandir, Village Gigorani, Tehsil and District Sirsa.

                                                                                  ………Complainant.

                                      Versus

1. M/s NSA Tradex Pvt. Ltd., Village Taj Nagar, Tehsil Farrukh Nagar, P.O. Patil, District Gurgaon- 123503 through its Proprietor/ Authorized Signatory.

2. ASC, Harman Distribution, Gali Lekh Singh Wali, Near Shiv Showk, Sirsa, Tehsil and District Sirsa through its Proprietor/ Authorized Signatory.

3. Spice Knowledge Park, Sector – 125, Noida, Uttar Pradesh through its Managing Director.

                              ……… Opposite parties.

          Complaint under Section 12 of the Consumer Protection Act, 1986.

Before:        SH. R.L.AHUJA ………………. PRESIDENT

SH. ISSAM SINGH SAGWAL… MEMBER

Present:           Sh. Ashok Kumar, Advocate for complainant.

Opposite parties exparte.

ORDER

                   In brief, case of complainant is that complainant purchased a spice mobile handset model XLIFE M5 Pro (12.7 cm Android mobile) from opposite party no.1 vide bill No.201701070352 dated 7.1.2017 for amount of Rs.3148/- through SHOP CJ vide order ID 20170107043366 dated 7.1.2017 and thereafter the said mobile was delivered to complainant at Sirsa in the month of January, 2017 and the cost of the mobile was paid in cash on the delivery of the mobile. The complainant was assured about guarantee of one year of the mobile. The op no.1 is authorized dealer of op no.3 and op no.2 is the care/ service centre and op no.3 is the manufacturer/ importer of the mobile company. On 10.7.2017, the complainant was stunned to see that said mobile handset got switched off and then it could not switch on. The complainant immediately visited the office of op no.2 on 11.7.2017 but op no.2 flatly refused to solve the problem on the pretext that concerned company does not provide the spare parts to them and he was suggested to register the complaint to op no.3. It was also assured by op no.2 that when the direction is received by them from company, then the problem in the mobile will be resolved by them. It is further averred that problem in the mobile of complainant has not been resolved by any of the ops till today despite his several requests, visits and contact to op no.3 on toll free number. Hence, this complaint.

2.                On notice, op no.2 did not appear despite service and was proceeded against exparte. Ops no.1 and 3 also not appeared despite notice and were proceeded against exparte.

3.                The complainant produced his affidavit Ex.CW1/A, copy of mail Ex.CW1/B and copy of tax invoice Ex.CW1/C.

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

5.                The complainant in order to prove his complaint has furnished his affidavit Ex.CW1/A in which he has reiterated all the averments of his complaint. He has also furnished copy of mail Ex.CW1/B and copy of invoice Ex.CW1/C. The opposite parties did not put their appearance and were opted to be proceeded against exparte. The pleadings and evidence of the complainant remained as unchallenged and unrebutted. It is proved fact on record that complainant purchased the mobile in question from opposite party no.1 for a sum of Rs.3148/- vide order dated 7.1.2017 and the said mobile was delivered to the complainant at Sirsa. The above said mobile developed defect on 10.7.2017 and he approached the opposite party no.2 service centre on 11.7.2017 but op no.2 did not resolve the grievance of the complainant. Since then complainant is approaching to ops no.2 and 3 but the problem has not been resolved till today. As such the opposite parties have caused deficiency in service and harassment to the complainant.

6.                In view of the above, we allow the present complaint and direct the opposite parties to carry out necessary repairs in the mobile of the complainant and to make it defect free even by replacing parts, if any without any cost within a period of 15 days from the date of receipt of copy of this order. In case it is found that mobile is not repairable, the ops shall be liable to replace the same with a new one of same make and model or in the alternate to refund the amount of Rs.3148/- i.e. price of the mobile in question within further period of 15 days. We also direct the ops to pay a sum of Rs.1500/- as composite compensation and litigation expenses to the complainant. All the ops are jointly and severally liable to comply with this order.  A copy of this order be supplied to the parties free of costs. File be consigned to the record room.   

Pronounced in open Forum.             Member                                           President,

Dated:29.11.2018.                                                                         District Consumer Disputes

                                                                                                          Redressal Forum, Sirsa.