DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA

CC.No.449 of 24-07-2014

Decided on 03-11-2014

Deepak Sehgal aged about 31 years S/o S.L Sehgal R/o # 13225, Street No.2, Sarabha Nagar, Bathinda.

........Complainant

Versus

1.M/s Unitech, Authorized Service Centre of Micromax Infomatics Ltd., # 2886, 1st Floor, Opposite Dr.Jagmal Neuro Hospital, GT Road, Near Old Bus Stand, Bathinda, through its Branch Manager.

2.Micromax Infomatics Ltd., Micromax House, 90-B, Sector 18, Gurgaon, Pin Code-122015, through its Manager Director.

.......Opposite parties

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

QUORUM

Smt.Vikramjit Kaur Soni, President.

Smt.Sukhwinder Kaur, Member.

Sh.Jarnail Singh, Member.

Present:-

For the Complainant: Sh.Milan Setia, counsel for the complainant.

For Opposite parties: Sh.Amit Ghai, counsel for the opposite parties.

ORDER

VIKRAMJIT KAUR SONI, PRESIDENT:-

1. The instant complaint has been filed by the complainant under section 12 of the Consumer Protection Act, 1986 as amended upto date (Here-in-after referred to as an 'Act'). Briefly stated the case of the complainant is that he has purchased one Micromax mobile handset model No.A-96 bearing IMEI Nos.911353350041373 and 911353350171378 for Rs.8700/- from Singla Interprises, # Near Pragma Hospital, Bhatti Road, Bathinda. The abovesaid mobile handset started giving the problems relating to the charging component, as there is some manufacturing defect in it. The battery backup of the abovesaid mobile handset was very low and it frequently switched off during the calls, sometimes it display sign of the charging even without attaching of the charger. On 10.7.2014, the abovesaid mobile handset stopped working and became dead and complainant approached the opposite party No.1, the authorized service centre of the opposite party No.2, it after inspection of the mobile handset in question retained it and issued him the job sheet No.071410749067. On 14.7.2014, the complainant received the abovesaid mobile handset from the opposite party No.1 and during the repair he lost his valuable contacts and applications. On the same day i.e. 14.7.2014 within 2 hours of receiving of the abovesaid mobile handset from the opposite party No.1, the same problem regarding the charging component re-occurred in it. The complainant again approached the opposite party No.1, it after inspection retained the battery of the abovesaid mobile handset and issued him the job sheet No.2621 with the assurance that it would handover him the new battery within 2 days, but till date the opposite party No.1 has failed to give him the new battery. On 19.7.2014, the complainant again approached the opposite party No.1 and enquired about the battery, but the opposite party No.1 handed over him the old battery instead of the new battery. The abovesaid mobile handset is not in the working condition and became dead. The mobile handset is still in the warranty period, but till date the opposite parties have failed to remove the defect in it. Hence the complainant has filed the present complaint to seek the directions of this Forum to the opposite parties to refund him the amount of Rs.8700/- alongwith cost and compensation.

2. The opposite parties after appearing before this Forum have filed their joint written statement and pleaded that the complainant has purchased the abovesaid mobile handset on 2.4.2014 and deposited it with the opposite party No.1 on 10.7.2014 that has been returned to him on 14.7.2014. On 14.7.2014, the complainant again deposited the abovesaid mobile handset with the opposite party No.1, it returned him the same after replacing the battery and after that he has not lodged any complaint regarding any defect in the mobile handset in question. The opposite parties further pleaded that the complainant has failed to produce any documentary evidence or expert report on record to support his allegations.

3. The parties have led their evidence in support of their respective pleadings.

4. Arguments heard. The record alongwith written submissions submitted by the parties perused.

5. The mobile handset bearing IMEI Nos.911353350041373 and 911353350171378 purchased by the complainant for Rs.8700/- from Singla Enterprises became defective, as its battery backup was very low and it frequently switched off during the calls, sometimes its display sign of the charging without attaching the charger. On 10.7.2014, the abovesaid mobile handset stopped working and became dead and complainant approached the opposite party No.1, it after inspection retained the mobile handset in question and issued him the job sheet No.071410749067. On 14.7.2014, the complainant received the abovesaid mobile handset from the opposite party No.1 and during the repair he lost his valuable contacts and applications. On the same day i.e. 14.7.2014 within 2 hours the abovesaid mobile handset again started giving the same problem in its charging component. The complainant again approached the opposite party No.1, it after inspection retained the battery of the abovesaid mobile handset and issued him the job sheet No.2621 with the assurance that it would handover him the new battery within 2 days, but till date the opposite party No.1 has failed to give him the new battery. On 19.7.2014, the complainant again approached the opposite party No.1 and enquired about the battery, but the opposite party No.1 handed over him the old battery instead of new battery. The abovesaid mobile handset is not in the working condition and became dead.

6. On the other hand the submission of the opposite parties is that the complainant has purchased the abovesaid mobile handset on 2.4.2014 and deposited it with the opposite party No.1 on 10.7.2014 that has been returned to him on 14.7.2014. On 14.7.2014, the complainant again deposited the abovesaid mobile handset with the opposite party No.1, it returned him the same after replacing the battery and after that he has not lodged any complaint regarding any defect in the mobile handset in question thereafter.

7. A perusal of documents placed on file shows that the complainant has purchased the mobile handset in question on 2.4.2014 vide Ex.C2 and defects have occurred within 3 months of its purchase i.e. on 10.7.2014. The job sheet dated 10.7.2014, Ex.C3, shows that the symptom was relating to '5301 Charging/Battery No Charging', in this job sheet the remarks is given as 'Not Charging'. The job sheet dated 14.7.2014, Ex.C4, shows the nature of complaint:-'Battery request', these job sheets show that the defect in the mobile handset in question has occurred within short span of time. The defect in the mobile handset in question was regarding the battery backup. The problem has not been rectified till date.

8. Thus keeping in view the facts, circumstances and evidence placed on file we are of the considered opinion that the mobile handset in question has become defective just within 3 months of its purchase, which is evident from the job sheets dated 10.7.2014 and 14.7.2014, Ex.C3 and Ex.C4 respectively and the opposite party No.1 despite repeated repairs has failed to rectify the defects in it and has also failed to replace the battery of the mobile handset in question with new one, meaning thereby there is some manufacturing defect in the mobile handset in question.

9. Therefore in view of what has been discussed above there is deficiency in service on the part of the opposite parties. Hence this complaint is accepted with Rs.5000/- as cost and compensation against the opposite parties. The opposite parties are directed to refund the amount of the abovesaid mobile handset i.e. Rs.8700/- (As per Ex.C2) to the complainant. At the same time the complainant will handover the mobile handset in question alongwith its all accessories to the opposite parties.

10. The compliance of this order be done within 45 days from the date of receipt of the copy of this order.

11. In case of non-compliance within the stipulated period, the amount of Rs.8700/- will carry interest @ 9% per annum till realization.

12. A copy of this order be sent to the parties concerned free of cost and file be consigned to the record room.

Pronounced in open Forum:-

03-11-2014

(Vikramjit Kaur Soni)

President

(Sukhwinder Kaur)

Member

(Jarnail Singh)

Member