BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.

Consumer Complaint No.248 of 2015

Date of Institution: 22-04-2015

Date of Decision: 22-06-2015

Daljit Singh son of Mohinder Singh, resident of Village Jajeani, Tehsil and District Amritsar.

Complainant

Versus

1. M/s.Perfect Times, Mobile Sale and Service Centre, Outside Gill Market, Hall Bazar, Amritsar, through its Proprietor/ Partner person authorized to receive the summons.
2. M/s.Perfect Mobile Repair Centre, Shop No. 19-20, Simran Plaza Market, 200-A, Queens Road, Amritsar, through its Proprietor/ Partner/ Principal Officer/ person authorized to receive the summons.
3. M/s.Intex Technologies (India) Limited D-18/2, Okhla Industrial Area, Phase II, New Delhi-110020 through is Managing Director/ Principal Officer/ Prop./ Partner/ person authorized to receive the summons.

Opposite Parties

Complaint under section 12/13 of the Consumer Protection Act, 1986.

Present: For the Complainant: Sh. Daljit Singh, complainant in person.

   For the Opposite Parties No.1 & 3: Exparte.

   For the Opposite Party No.2: Sh.Gagandeep Bawa, Manager.

Quorum:

Sh.Bhupinder Singh, President

Ms.Kulwant Kaur Bajwa, Member

Mr.Anoop Sharma, Member     

Order dictated by:

Sh.Bhupinder Singh, President.

1. Present complaint has been filed by Sh.Daljit Singh under the provisions of the Consumer Protection Act alleging therein that he purchased One Intex Aqua 1-5 Mobile Set bearing IMEI-911316202064299 from Opposite Party No.1 vide bill No. 2273 dated 5.11.2014 for a sum of Rs.9300/-. Complainant alleges that immediately after its purchase, the Mobile Set in question stopped functioning properly and on 13.2.2015, the complainant handed over the Mobile Set in question to Opposite Party No.2 for its repair with the complaint ‘No power on’, but the Opposite Party No.2 could not repair the same despite so many visits to the service centre of Opposite Parties. Alleging the same to be deficiency in service, complaint was filed seeking directions to the opposite parties to refund the costs of the Mobile Set of Rs.9300/- alongwith interest @ 18% per annum thereon from the date of its purchase till the payment is made to the complainant or in alternative to replace the Mobile Set with new one. Compensation and litigation expenses were also demanded.
2. None appeared on behalf of Opposite Parties No.1 & 3 despite proper service to  Opposite Parties No.1 & 3 , so Opposite Parties No.1 & 3 were proceeded against exparte vide order dated 4.6.2015 of this Forum.
3. Sh.Gagandeep Bawa, Manager appeared on behalf of Opposite Party No.2 and he got recorded his statement before this Forum that Opposite Party No.2 is ready to replace the Mobile Set of the complainant  with upper model Intex Aqua Power HD.
4. We have carefully gone through the pleadings of the parties.
5. From the record i.e. averments of the complaint and evidence produced by the complainant on record, it stands proved on record that the complainant purchased  One Intex Aqua 1-5 Mobile Set bearing IMEI-911316202064299 from Opposite Party No.1 vide bill No. 2273 dated 5.11.2014 for a sum of Rs.9300/-. Said Mobile Set became defective and stopped functioning properly. On 13.2.2015, the complainant handed over the Mobile Set in question to Opposite Party No.2 for its repair with the complaint ‘No power on’ against the job sheet dated 13.2.2015, but the Opposite Party No.2  failed to  repair the Mobile Set in question and the said Mobile Set is still lying with Opposite Party No.2. One Sh.Gagandeep Bawa, Manager on behalf of  Opposite Party No.2 appeared and got recorded his statement that Opposite Party No.2 is ready to replace the Mobile Set of the complainant with upper model Intex Aqua Power HD and the customer is agreed to receive the said hand set  and they would deliver the Mobile Set to the complainant by 8.6.2015. The complainant got recorded his statement that he accepts the offer made by Opposite Party No.2 and the order may be passed accordingly.
6. Resultantly, it stands proved  that Mobile Set of the complainant is not repairable that is why Sh. Gagandeep Bawa, Manager appeared on behalf of Opposite Party No.2 got recorded his statement  on 4.6.2015 that  Opposite Party No.2 is ready to replace the Mobile Set of the complainant with upper model Intex Aqua Power HD and if the customer agrees to receive the hand set,  they would deliver the Mobile Set to the complainant by 8.6.2015. The complainant got recorded his statement that he accepts the offer made by Opposite Party No.2 and is ready to receive the upper model Intex Aqua Power HD. Resultantly, the complaint is disposed of with the directions to Opposite Party No.2 to replace the Mobile Set of the complainant with upper model Intex Aqua Power HD, within 15 days from the date of  receipt of copy of this order. Keeping in view the peculiar circumstances of the case, the parties are left to bear their own costs.  Copies of the order be furnished to the parties free of cost. File is ordered to be consigned to the record room.

Dated: 22-06-2015.                                          (Bhupinder Singh)                                                                                                President

hrg                                                (Anoop Sharma)     (Kulwant Kaur Bajwa)   

              Member                         Member