Haryana

Yamunanagar

CC/402/2015

Raghbir Singh S/o Chandu Ram - Complainant(s)

Versus

M/s Swami Communication Centre - Opp.Party(s)

Bhupinder Singh

22 Jul 2016

ORDER

BEFORE THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR AT JAGADHRI.

                                                                                    Complaint No. 402 of 2015.

                                                                                    Date of institution:06.11.2015

                                                                                    Date of decision: 22.07.2016.

Raghubir Singh aged about 42 years son of Shri Chandu Ram, resident of VPO Bhampol, Yamuna Nagar, Tehsil Jagadhri, District Yamuna Nagar.

                                                                                                                        …Complainant.

                                    Versus

 

1. M/S  Swami Communication Centre, Devi Bhawan Bazar, Jagadhri, through its Partner/ Proprietor.
2. M/s Karbon Smart A UTL- JAINA VENTURE, D-170, Okhla Industrial Area Phase-I, New Delhi-110020.

 

                                                                                                            …Respondents.

BEFORE:         SH. ASHOK KUMAR GARG, PRESIDENT.

                        SH. S.C.SHARMA, MEMBER.

 

Present: Sh. Bhupinder Singh, Advocate, counsel for complainant.

              Respondents already ex-parte.

              

 

ORDER

 

1.                     Complainant  Raghubir Singh has filed the present complaint under section 12 of the Consumer Protection 1986 praying therein that the respondents (hereinafter referred as OPs) be directed to replace the defective mobile set with new one and further to pay compensation as well as litigation expenses.

2.                     Brief facts of the present complaint, as alleged by the complainant, are that complainant purchased a Karbon Smart A99i Dual SIM Android mobile Phone from OP No.1 on 16.10.2014 for a sum of Rs. 4500/- vide bill No. 1113 dated 16.10.2014 (Annexure C-3) manufactured by OP No.2 with a warranty of one year. In the month of June 2015, the said mobile phone started creating trouble and its touch was not functioning properly. Upon this, the complainant immediately informed the Op No.1 and finally on 09.07.2015 complainant lodged his complaint vide complaint No. KJASPHR162 and sent the mobile phone to his service centre and the official of the service centre after checking it kept the same with them and stated that this mobile phone cannot be repaired as it has got manufacturing defect and assured that the mobile phone will be replaced with new one within one month. After that complainant had approached the OPs several times but they did not pay any heed to the genuine request of the complainant. Thereafter, complainant served a registered AD legal notice whereas OP No.1 despite receipt of the notice neither gave any reply of the notice nor replaced the mobile set of the complainant with new one till filing of complaint. Hence this complaint.

3.                     Upon notice OPs failed to appear despite service, hence they were proceeded ex-parte vide order dated 14.12.2015.

4.                     In support of his complaint, counsel for the complainant tendered into evidence affidavit of complainant as Annexure CW/A and documents such as Postal receipt as Annexure C-1, Copy of Registered AD Legal notice as Annexure C-2, Photo copy of invoice as Annexure C-3, Photo copy of job sheet as Annexure C-4, Envelop as Annexure C-5, Acknowledgement as Annexure C-6 and closed the evidence on behalf of complainant.     

5.                     We have heard the learned counsel for the complainant and have gone through the pleadings as well as documents placed on file very minutely and carefully.

6.                     It is not disputed that the complainant purchased a mobile set in question from the OP No.1 manufactured by OP No.2 for a sum of Rs. 4500/- on 16.10.2014 which is evident from the copy of bill Annexure C-3.

7.                     Learned counsel for the complainant draw our attention towards the job sheet bearing No. KJASPHR162 dated 09.07.2015 (Annexure C-4) and argued that the touch pad of the mobile set in question was not working properly. From the perusal of this job sheet, it is evident that mobile set in question was under warranty as in the column of warranty status yes has been mentioned and in the column of complaint i.e. voice of customer touch problem has been shown. The complainant has filed his affidavit (Annexure CW/A) which goes unrebutted in support of his complaint. Even, before filing the complaint, the complainant issued a legal notice which is duly evident from the copy of legal notice (Annexure C-2) and postal receipt (Annexure C-1). As the OPs did not bother to contest the complaint and remained ex-parte and the version of the complainant goes unrebutted. Moreover, from the perusal of the job sheet, it is clear that mobile set in question was having some problem in its touch during the currency of warranty period and due to that complainant might have suffered some mental agony, which constitute deficiency in service on the part of the OPs. Hence, we have no option except to partly allow the complaint of complainant.

 8.                    Resultantly, we partly allow the complaint of complainant and direct the OPs to repair the mobile set in question of the complainant free of costs and if the OPs are not in a position to repair then replace it with new one and further to pay a sum of Rs. 1000/- as compensation for mental agony and harassment as well as Rs. 500/- as litigation expenses. Order be complied within a period of 30 days after preparation of copy of this order failing which complainant shall be at liberty to initiate the proceedings against the OPs as per law.  Copies of this order be sent to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance.

Announced in open court.22.07.2016.

 

                                                                        (ASHOK KUMAR GARG)

                                                                        PRESIDENT

 

 

                                                                        (S.C.SHARMA    )

                                                                        MEMBER