BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Complaint  Case No  :  06 of 2010

Date of Institution :  06.01.2010

Date of  Decision   :  05.05.2010

Anoop Kumar C/o Adroit Graphics, SCO No. 181-182, 1^st Floor, Sector 8, Madhya Marg, U.T. Chandigarh.

 ……Complainant

V E R S U S

1]   M/s Sony Ericsson Experience Store, through the Branch Manager, SCO No. 49-51, Sector 17-C, Chandigarh.

2]   M/s Sony Ericsson Service Centre, R.T. Chandigarh, SCO No. 23, Sector 18-D, Chandigarh, through Branch Manager.

.…..Opposite Parties

CORAM:     SH.LAKSHMAN SHARMA              PRESIDENT

          MRS.MADHU MUTNEJA             MEMBER

PRESENT: Sh.H.Sawasthi, Adv for the Complainant.

         OPs ex-parte.

PER MADHU MUTNEJA, MEMBER

        The present complaint has been filed by Anoop Kumar – Complainant, seeking refund as well as compensation from the OPs for supplying defective goods, deficiency in service and unfair trade practice.

        The case made out by the Complainant is as under.

        The Complainant purchased a Sony Ericsson (W-595) mobile handset from OP No.1 on 24.12.2008, vide Bill No. 959 for Rs.14,000/-. Soon after its purchase, this mobile set developed certain problems like poor voice quality, hanging problem, non-functional keys/ buttons, display problem and flip problem etc. He took the handset to OP No.1, who further directed him to OP No.2 – Service Centre. OP No.2 repaired the handset, but the problem persisted, due to which the Complainant had to take the handset to the OP No.2 again and again. The set is still lying un-repaired with OP No. 2. The Complainant sent a legal notice on 11.12.2009 to the OPs, but no fruitful result was achieved. Hence, the Complainant has filed the present complaint, seeking relief against the OPs.

2]      Notice of the complaint was duly sent to the OPs. 

3]      Initially, one Sh. Vikram, Agent of OPs  appeared on behalf of OPs on 18.2.2010, but subsequently, nobody turned up; hence they were proceeded against ex-parte vide order dated 15.04.2010.

4]      We have heard the learned Counsel for the Complainant and have perused the records. 

5]      The Complainant has spent Rs.14,000/- on a mobile set. Unfortunately, this set seems to have been giving him trouble right from the beginning. Despite his various visits to the OPs, no fruitful result has been achieved. The Complainant in his written argument given on 3.5.2010, has relied on various judgments of the Hon’ble National Commission, Hon’ble Delhi State Commission and Hon’ble Punjab State Commission. In all these judgments, the underlined principle is that if there is a defect in the goods sold and the Manufacturer/ Agent is unable to rectify the problem to the satisfaction of the consumer, then the Purchaser is entitled to a refund of the cost of goods sold.

6]      In view of the pleadings and the facts of the case, as well as the reliance placed on various judgments of various Consumer Courts, this complaint is hereby allowed and the OPs are directed to:-

i)  To refund Rs.14,000/- being the cost of mobile set purchased by the Complainant.

ii) To pay a sum of Rs.5,000/- as damages and cost of litigation to the Complainant.

7]      The aforesaid order be complied with by the OPs, within a period of 06 weeks from the receipt of its certified copy, failing which the OPs shall pay the said amount of Rs.14,000/- along with interest @12% per annum from the date of purchase of the mobile set i.e. 24.12.2008, till the date of realization, along with the cost of litigation.

8]     Certified copies of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

05.05.2010                                       Sd/-

(LAKSHMAN SHARMA)

PRESIDENT

                                           Sd/-

(MADHU MUTNEJA)

MEMBER