DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
CONSUMER COMPLAINT NO.91 of 16
DATE OF INSTITUTION: - 04-05.2016
DATE OF ORDER: 03-08-2016
Nitesh son of Sh. Jageram, resident of village Dudiwala Kishanpura, Tehsil Ch. Dadri, District Bhiwani.
……………Complainant.
VERSUS
- M/s Sandeep Enterprises, Shop No. 10, Biju Tower Meham Gate, Bhiwani.
- Micromax Informatics (cs) Ltd. Micromax House 90B, Sector 18 Gurgaon, Pin Code 122015.
………….. Opposite Parties.
COMPLAINT U/S 12 & 13 OF CONSUMER PROECTION ACT
BEFORE: - Shri Rajesh Jindal, President.
Ms. Anamika Gupta, Member.
Mrs. Sudesh, Member.
Present:- Complainant in person.
OPs exparte.
ORDER:-
Rajesh Jindal, President:
In brief, the grievance of the complainant is that on 25.08.2015 he had purchased Micromax Canvas Xpress 2, Model (E313) through online amounting to Rs. 5999/- with one year warranty. He submitted that the mobile handset was not working, hence he taken it to the service centre of the company at Bhiwani/OP no. 1. The OP no. 1 issued job sheet dated 15.04.2016. It is alleged that the service centre of the company claimed charges for the repair of the mobile handset and got deposited Rs. 100/- from him. But despite repeated visits the OP no. 1 could not rectify the defect of the mobile handset and the mobile handset is lying with the OP no. 1. Hence, it amounts to deficiency in service on the part of OPs and as such, he has to file the present complaint.
2. OPs have failed to come present. Hence they were proceeded against exparte vide order dated 14.06.2016.
3. In order to make out his case, the complainant has tendered into evidence Annexure C-1 to Annexure C-3 alongwith supporting affidavit.
4. We have gone through the record of the case carefully and have heard the complainant.
5. Complainant in person reiterated the contents of the complaint. He submitted that the mobile handset was not working, hence he taken it to the service centre of the company at Bhiwani/OP no. 1. The OP no. 1 issued job sheet dated 15.04.2016 Annexure C-2. He submitted that the mobile handset in question was purchased by him online vide bill Annexure C-1 on 25.08.2015. He submitted that the mobile handset was carrying warranty of one year. The service centre of the company claimed charges for the repair of the mobile handset and got deposited Rs. 100/- from him. But despite repeated visits the OP no. 1 could not rectify the defect of the mobile handset. Still the mobile handset is lying with the OP no. 1.
6. We have perused the material on record. We found that bill Annexure C-1 produced by the complainant has been issued in the name of someone Bijender Verma it is not in the name of the complainant. As per the contention of the complainant he deposited his mobile handset with OP no. 1 vide job sheet dated 15.04.2016 Annexure C-2. The said job sheet has been issued in the name of the complainant by the OP no. 1. Considering the facts of the case, we partly allow the complaint of the complainant and direct the Ops to rectify the defect in the mobile handset of the complainant by replacing the defective parts, free of charge and returned the said mobile handset to the complainant in working condition and also directed to pay Rs. 1,000/- as compensation on account of mental agony and harassment. This order be complied with by the Ops within 30 days from the date of passing of this order. Certified copies of the order be sent to the parties free of costs. File be consigned to the record room, after due compliance.
Announced in open Forum.
Dated:.03-08-2016. (Rajesh Jindal)
President,
District Consumer Disputes
Redressal Forum, Bhiwani.
(Anamika Gupta) (Sudesh)
Member Member
