Punjab

Sangrur

CC/32/2016

Mini Sharma - Complainant(s)

Versus

National Time - Opp.Party(s)

Shri Rahul Sharma

02 Aug 2016

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                             

                                                                   Complaint no. 32                                                                                         

                                                                   Instituted on:  04.01.2016

                                                                    Decided on:    02.08.2016

 

Mini Sharma aged 31 years wife of Sanjay Sharma, resident of H.No.468, Opposite Dr. Dharampal Singla, Guru Nanak Colony, Sangrur.

                                                …. Complainant.      

                                         

Versus

 

1.       National Times, Court Road, Sangrur through its owner.

2.       Gaurav Communications, authorized service centre, Samsung Mobiles, Street No.2, Near Railway Chowk Goushala Road, Sangrur -148001.

3.       Samsung India Electronics Ltd.7th & 8th Floor, IFCI Tower, 61, Nehru Place, New Delhi-110019 through its Managing Director.

      ….Opposite parties.

 

 

 

FOR THE COMPLAINANT:      Shri Rahul Sharma, Advocate                           

 

FOR OPP. PARTIES No.1&2:    Exparte

 

FOR THE OPP. PARTY NO.3         :   Shri J.S.Sahni, Advocate                 

 

 

Quorum

         

                    Sukhpal Singh Gill, President

K.C.Sharma, Member

     

 

 

ORDER:  

 

Sukhpal Singh Gill, President

 

1.             Mini Sharma, complainant has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that she purchased a Samsung Galaxy E-5 mobile from the OP No.1 for Rs.15600/- vide bill/ retail  invoice  number 658 dated 10.05.2015. The said mobile set started giving problem of  shut down  and restart for which the complainant approached the OP No.2 who kept the cell phone with him  and issued a job card number 4148 dated 11.07.2015. When husband of the complainant went to the OP No.2 to get the cell phone then OP No.2 told that during repair  cell phone get a major fault and you have to pay Rs.1400/-plus Rs.7800/- = Rs.9200/-  but he will charge only Rs.8000/-.  The cell phone  is within warranty period and as such the complainant is not liable to pay any amount. The OP No.2 also refused to return the cell phone to the complainant.  Thus, alleging deficiency in service on the part of OPs, the complainant has sought following reliefs:- 

i)      OPs be directed to replace the mobile phone with new one or in the alternative to refund the amount of Rs.15600/- along with interest @18% per annum from the date of purchase till realization,

ii)     OPs be directed to pay to the complainant a sum of Rs.20000/- as compensation   on account of mental agony, harassment and to pay Rs.25000/- on account of deficiency in service and to pay Rs.8800/- as litigation expenses.

2.             Despite service OPs No.1 and 2 did not appear and were proceeded  exparte on 25.02.2016.

3.             In reply filed by the OP no.3, preliminary objections on the grounds of jurisdiction, maintainability, misuse of process of law and cause of action have been taken up. On merits, it is stated that  on inspection of handset  it was found that  same was " liquid logged" . Due to that it was not covered under warranty and repair was to be done chargeable basis only. The estimate of repair was given to the complainant when complainant submitted the handset for repair and after taking approval only then OP No.2 retained the handset for repair. But now, the complainant is leveling totally false allegations to take benefit of her own wrongs as the handset was liquid logged due to negligence and mishandling on the part of the complainant. It is denied that the OP No.2 refused to return the cell phone rather OP No.2 has been calling upon the complainant to take back her mobile phone after paying  the requisite charges but the complainant did not take back her handset intentionally. Thus, there is no deficiency in service on the part of the Op no.3.

3.             In his evidence, the complainant has not produced any document. On the other hand, learned counsel for the OP no.3 has tendered an affidavit alongwith  annexure R-1 and closed evidence.

4.             First of all, without considering the version of both the parties on merits, from the perusal of entire file, we find that the complainant has not produced any document/ evidence on record in support of his case rather the  OP No.3 has produced on record an affidavit of ShriAnindya Bose, Deputy General Manager alongwith annexure R-1 to prove its version. First time, the case was fixed for complainant's evidence on 13.05.2016  but on the request of complainant the case was adjourned to 01.06.2016 but on that date again no evidence had been produced  and the case was fixed for 04.07.2016 and again date was granted on the request of complainant  for 20.07.2016  and learned counsel for the complainant had made a statement that entire evidence will be produced on the next date positively but again on 20.07.2016  no evidence had been produced by the complainant despite specific direction/order and granting so many opportunities to produce the evidence and ultimately the evidence of the complainant was closed by order of the Forum on 20.07.2016. It is mandatory for both the parties to produce their documentary evidence on record to corroborate their respective case but in the present case the complainant has totally failed to prove her case by producing any documentary evidence. So, without any documentary evidence we find no merit/ force in the version of the complainant and dismiss his complaint. Copy of the order be supplied to the parties free of charge. File be consigned to records in due course.                  

        Announced

       August 2, 2016

 

 

 

                ( K.C.Sharma)           (Sukhpal Singh Gill)                                                                                                        

                     Member                       President

 

 

BBS/-