Haryana

Ambala

CC/342/2016

Vivek Sachdeva - Complainant(s)

Versus

New Dashing Mobile - Opp.Party(s)

Harpreet Singh

13 Jan 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                                   Complaint case no.         : 342 of 2016

                                                                   Date of Institution          : 29.08.2016

                                                                   Date of decision    : 13.01.2017

 

          Vivek Sachdeva, Advocate, resident of house No. 803/11, Sharda Nagar,          Manav Chowk, Ambala City.

 

……. Complainant.

 

1.       New Dashing mobile, situated on Jalbera Road, Near Sai Baba Mandir,   Ambala City, through its proprietor/Authorized Signatory.

 

2.       Sunny Communication, Authorized Service Centre of INTEX Mobiles,    situated in Jai Maa Market, Barnala Road, Baldev Nagar, Ambala city,       through its proprietor/Authorized Signatory.

 

3.       Intex Techolo (India) limited, D-18/2, ohkla Industrial Area, Phase-2, New        Delhi-110020, through its’ Authorized Signatory

 

 ….…. Respondents.

Complaint U/s 12 of the C.P. Act.

 

 

BEFORE:   SH. D.N. ARORA, PRESIDENT

                   SH. PUSHPENDER KUMAR, MEMBER                             

 

Present:       Sh. Harpreet Singh, counsel for the complainant.

                   Ops No. 1 and 2 already exparte v.o.d. 25.10.2016

                   Op No. 3 already exparte v.o.d. 14.12.2016.

 

ORDER:

                    In nutshell, brief facts of the present complaint are that the complainant purchased a mobile handset of Index Aqua Super Mobile Handset having IMEI No. 911472600126147/911472600126154 from Op No. 1 on 22.03.2016 for a sum of Rs. 9800/- vide bill No. 2611 which was having one year warranty but at initial stage, the mobile phone started giving problems like handing, battery and during use of the mobile phone, the screen started coming out and after approaching by the complainant to the OP No. 2 i.e. Service Centre replaced the battery of the mobile handset and stated that all problems of the mobile phone removed permanently. Further submitted that after some times, the mobile in question is again occurred the same problems and on 04.08.2016, the complainant approached the Op No. 1 and aware to them above said problems then OP No. 2 kept the aforesaid mobile handset from the complainant and asked him to come back within a week to take the mobile handset but neither the mobile in question is repaired by the Ops nor refund the costs of the same till today. Hence, the present complaint.

2                 Registered notice issued to Ops but none have turned up on their behalf and Ops NO. 1 and 2 were proceeded against exparte vide order dated 25.10.2016 and Op No. 3 was proceeded against exparte v.o.d. 14.12.2016.

3                 To prove his version complainant tendered his affidavit as Annexure CX along with documents as annexure C-1 to C-3 and close his evidence.

4.                We have heard learned counsel for the complainant and carefully gone through the case file. The case of the complainant is that the complainant had purchased a mobile handset of Index Aqua Super Mobile Handset from Op No. 1 on 22.03.2016 for a sum of Rs. 9800/- vide bill No. 2611 Annexure C-1 which was having one year warranty but at initial stage, the mobile phone started giving problems like handing, battery and during use of the mobile phone, the screen started coming out.

                   Learned counsel for the complainant further argued that after purchasing of mobile phone, the complainant visited to the OP No. 2 for repairing or replaced the mobile in question again and again. Ultimately, the complainant had to purchase one another mobile handset for a sum of Rs. 7,000/-. In this way, the complainant has been harassed by the Ops and the purpose of purchasing the mobile phone is defeated as well as the complainant has to purchased another mobile phone in the sum of Rs. 7000/-.

                   Perusal of the documents Annexure C-3 reveals that on 04.08.2016, the complainant deposited his mobile in question to the OP No.2 i.e. Service Centre but neither the mobile in question is repaired nor returned in any condition to the complainant till today. So, it is clear that the Ops are unable to repair the same because the mobile in question has some manufacture problem. As such, the contents enumerated in the complaint remained un-rebutted and thus we have no other option except to believe the version as well as documents submitted by the complainant.

                   We find that the OP No. 1 has sold the defective mobile which was manufacturer by OP No. 3 and service centre has not rendered the proper service to the complainant who is a franchisee of the Op No. 3 i.e. Manufacturer Company. So, the Ops are liable to replace the mobile in question or to refund the costs of the mobile in question.

                   Thus, we allow the present complaint with costs and directed the Ops to comply with the following directions within thirty days from receipt of copy of the order:-

1. To replace the Mobile set in question with a new one of the same model. If the same model is not available then to refund the cost of mobile set to the tune of Rs.9800/- as    per Annexure C-1 along with interest at the    rate of 9% per annum from the date of complaint till its realization. It is made clear if the amount is recovered from Op No. 1 and 3 then the both i.e. dealer and service centre can recover the amount from their manufacturer i.e. Op No. 2.

                             (ii)          Also to pay a sum of Rs. 3,000/- on account of mental                                                 harassment & agony alongwith cost of litigation.

                   Copies of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on :13.01.2017                    

 

                                                                                     Sd/-

                                                                              (D.N. ARORA)

                                                                                       President

 

                      Sd/-

     (PUSHPENDER KUMAR)

                                                                                       Member