DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.

   CONSUMER COMPLAINT NO.77

                                           DATE OF INSTITUTION: 18.05.2018

                                                     DATE OF ORDER: 30.10.2018.

Aslam son of Sh.Nazeer Khan, resident of Village Dinod, Tehsil and District Bhiwani (Haryana).

                                                                                  ……………Complainant.         

                                        VERSUS               

1.       Nath Enterprises (394 433527) through its Proprietor Hansi Gate,

          Halwasiya Mall I-st Floor, Opp. K.M. School, Bhiwani, Haryana-127021.

2.       Kailash Building, Flat No.1204, 12^th floor, Kasturba Gandhi Marg, New

          Delhi-110001 (India). Through its MD/Branch Head.

                                                                                ……….. Opposite Parties.

           COMPLAINT U/S 12 & 13 OF CONSUMER PROECTION ACT,                      

          1986.

BEFORE: -    Hon’ble Mr.M.S. Naryal, President.

  Hon’ble Mr.Parmod Kumar, Member.

  Hon’ble Ms.Renu Chaudhary,Member.

Present:-      Complainant in person.

                     OPs exparte.

 ORDER:-

                    Brief facts of the case are that the complainant purchased the Nokia-N3 hand set for a sum of Rs.8500/- on 23.2.2018 having a warranty of one year and OP No.1 Nath Enterprises Hansi Gate, Halwasiya Mall 1^st Floor is the service centre of OP No.2.  That soon after purchasing the mobile hand set, the same started giving problems as such the handset used to shut down automatically and its camera and screen of the mobile set was also not functioning properly.  The complainant made a complaint to OP No.2, who asked him to approach to OP No.1 being the care centre of OP No.2 for

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checking and repair of the mobile alongwith bill (Annexure C1).  Accordingly, complainant approached to OP No.1 on 28.4.2018 along with mobile and deposited the same to OP No.1, who asked the complainant to come on 29.4.2018.  That on 29.4.2018 complainant again visited to OP No.1 for enquiry about the mobile phone but the employee of the OP No.1 started blaming the complainant that the mobile phone has become defective due to fall in water and refused to return the handset to the complainant.  The complainant was not satisfied from the service of OP No.1 and 2.  The copy of job sheet is Annexure C2.  Hence, the complainant was deprived off from the use of the Hand Set and suffered a loss. Hence, this complaint.

2.                 Notice issued to the respondent No.1 and 2, but no one appeared on their behalf before this Forum despite service of summons and the OP No.1 and 2 were proceeded as exparte vide order dated 7.9.2018

3.                 In the exparte evidence, the complainant has tendered into evidence Annexure C-1 and Annexure C-2 and closed the evidence.

4.                 We have heard complainant at length.                 

5.              The case of the complainant goes unchallenged and un-rebutted, as the respondents have failed to appear before this Forum despite service of summons.  It appears that the claim of complainant is genuine and the respondents have nothing material to say with them.  Complainant has also placed copy of bill and also job sheet to prove his complaint.  From the perusal of the documents reveals that the complainant had purchased the mobile set on 23.2.2018 for a sum of Rs.8500/-.  The contention of complainant is that after few days of its purchase the same started

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giving problems as such the handset used to shut down automatically and its camera and screen also not functioning properly.  As such, all the allegations leveled against the opposite parties regarding selling of defective mobile set stands proved, which amounts to deficiency in service on the part of the respondents.

6.                 Keeping in view the above facts and circumstances and the evidence brought on record by complainant, we allowed the complaint and the opposite parties are directed as under :-

1. to refund the amount of Rs.8500/- to the complainant for

the cost of defective mobile.

2. to pay Rs.5,000/- as compensation on account of mental

agony, physical harassment and hardship.

3. to pay Rs.2200/- for litigation expenses.

7.                 Compliance of the order shall be made by the OPs within 30 days from the date of receiving of its certified copies, failing which the amounts at Sr.No.(i) shall carry interest @12%  per annum from the date of this order till actual payment.  The copy of this order be supplied to both the parties free of costs.  File be consigned to the record room, after due compliance.

Announced in open court.

30.10.2018.                     

(Renu Chaudhary)                    (Parmod Kumar)                      (Manjit Singh Naryal)

       Member.                                    Member.                                    President,

                                                                                                                  District Consumer Disputes

                                                                             Redressal Forum, Bhiwani