DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II U.T. CHANDIGARH Complaint Case No.: 698 of 2010 Date of Inst:27.10.2010 Date of Decision:10.02.2011 Sandeep Kumar son of Sh.Sham Lal r/o H.No.3397, Sector 27-D, Chandigarh (Top Floor). ---Complainant V E R S U S M/s Sanjeev Enterprises, SCO No.1030-31, Shop No.8, Sector 22-B, Basement, Chandigarh through its Prop. ---Opposite Party QUORUM SHRI LAKSHMAN SHARMA PRESIDENT SMT.MADHU MUTNEJA MEMBER PRESENT: Complainant in person. OP exparte. --- PER LAKSHMAN SHARMA, PRESIDENT Sh.Sandeep Kumar has filed this complaint under section 12 of the Consumer Protection Act, 1986 praying therein that OP be directed to :- i) Change the used mobile set with a new set in a sealed packed. ii) Pay a sum of Rs.5,000/- as compensation for mental agony and harassment. 2. In brief, the case of the complainant is that, on 15.10.2010 he purchased one mobile set bearing IMEI No.352854045148081, Model I-Phone from M/s Sanjeev Enterprises, Sector 22-B, Chandigarh (OP) for Rs.2900/- for which no bill was issued by OP. On his insistence, OP gave its visiting card and made endorsement on it to the effect that the mobile set is covered under warranty for six months only. According to the complainant on reaching home, when he switched on the mobile phone, he found that that the number of a person was already fed in the mobile phone. Thus, it seems that the mobile set was used earlier by someone. Therefore, it was not a new mobile handset. The OP had sold him old mobile handset at the price of a new mobile handset. So the complainant approached OP and requested for change of the mobile set with a new mobile set but OP instead of replacing the set threatened him to involve him in false case of theft. It has been pleaded by the complainant that despite his repeated requests, OP failed to change the used set with the new set which amounts to deficiency in service and unfair trade practice. 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 20.12.2010. 4. The averments made in the complaint as reproduced above in para No.2 of the order stands corroborated from the affidavit of the complainant as well as from Annexure C-1 i.e. the copy of the visiting card of the OP. From the perusal of Annexure C-1, it is proved that the mobile set in question was purchased by the complainant on 15.10.2010 from OP and the same was covered under warranty of six months. The complainant has specifically stated in his complaint that the mobile sold to him was a used one and the same was not replaced by OP despite his repeated requests and visits. Otherwise also, the averments made in the complaint have gone un-rebutted and un-controverted as nobody appeared on behalf of the OP despite due service to deny the same. In our considered view, the selling of the used set at a price of new mobile handset amounts to deficiency in service on the part of OP. 5. In view of the above findings, this complaint is allowed with a direction to OP to replace the used mobile set with a new mobile of the same model and make with fresh warranty of six months. OP is also directed to pay to the complainant a sum of Rs.1500/- as compensation for mental agony and harassment besides Rs.1,000/- as costs of litigation. 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.4400/- (Rs.2900/- being the price of the mobile set and Rs.1500/- as compensation for mental agony and harassment) along with penal interest @ 18% p.a. from date of filing of the complaint 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 10.02.2011 Sd/- (LAKSHMAN SHARMA) PRESIDENT cm sd/- (MADHU MUTNEJA) MEMBER
| | MRS. MADHU MUTNEJA, MEMBER | HONABLE MR. LAKSHMAN SHARMA, PRESIDENT | , | | 
