DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
CONSUMER COMPLAINT NO.234 of 14
DATE OF INSTITUTION: - 13-08-2014
DATE OF ORDER: 11-03-2016
Sawran Kumar son of Sh. Banwari Lal, resident of Kaunt Road, Shanti Nagar, Gali No. 6, Bhiwani.
……………Complainant.
VERSUS
- M/s New Jangra Mobile Store, Opp. Chitrakut Hotel, Hansi Gate, Bhiwani, Tehsil and District Bhiwani through its Proprietor/Partner.
- M/s Simtronics Semi-Conductors Ltd., SCO No. 20, Vypar Sadan, Near Sarswati Hospital, Old Delhi Road, Gurgaon-122001, through its Manager/authorized person.
- M/s Simtronics Semi-Conductors Ltd., C-41, Okhla, Industrial Area, Phase-I, New Delhi-110020, through its M.D./Manager/Authorized Person.
………….. Opposite Parties.
COMPLAINT U/S 12 & 13 OF CONSUMER PROECTION ACT
BEFORE: - Shri Rajesh Jindal, President.
Smt. Ansuya Bishnoi, Member.
Present:- Complainant in person.
Ops no. 1 to 3 are exparte.
ORDER:-
Rajesh Jindal, President:
In brief, the grievance of the complainant is that on 20.03.2013 he had purchased a Simtronics PAD, Model X-801 from the OP no. 1, vide bill no. 673 dated 20.03.2013 for a sum of Rs. 9,000/- with one year warranty. It is alleged that soon after purchase the tablet became defective within warranty period and complaint was lodged with the respondents. The complainant visited the service centre of respondent company but to no avail. It is alleged that he got served a legal notice dated 20.05.2014 upon the Ops but no reply was given. Hence the complainant was deprived of use of the tablet and suffered a loss. Now the complainant has claimed the new tablet along with compensation and costs by way of filing present complaint.
2. An application has been filed by Sh. R.K. Verma, Advocate for Ops no. 2 & 3 stating therein that due to wrong communication he appeared in this case and he withdraw his memo in this case filed by him on behalf of Ops no. 2 and 3 on 15.04.2015.
3. In this case Sh. R.K. Verma, Advocate has filed memo of appearance on behalf of Ops no. 2 & 3 on 15.04.2015 then the case was adjourned to 22.05.2015 for filing of written statement and documents etc. on behalf of Ops no. 2 & 3. Since then after taking the adjournments for about one year, Sh. R.K. Verma, Advocate has filed the present application on 10.03.2016 at the stage when the previous adjournments given subject to payment of Rs. 200/- and 500/- as cost being last opportunity. It is very strange that after taking adjournments for one year Mr. R.K. Verma, Advocate came to know about that he has appeared in this case inadvertently.
4. We have heard the complainant in person and perused the documents. The complainant has purchased the mobile handset in question for Rs. 9,000/- vide bill no. 673 dated 20.03.2013 from OP no. 1. According to the complainant after the purchase of mobile handset in question it became dead within a week and despite repair the mobile handset was not working properly. He submitted that the mobile handset in question was deposited by him with OP no. 1 for repair and still the same is lying with OP no. 1. Considering the pleadings and arguments of the complainant, we partly allow the complaint of the complainant and direct the Ops to refund Rs. 8,000/- to the complainant. This order be with by the OPs within 60 days from the date of passing of this order. Certified copies of the order be sent to the parties free of costs. File be consigned to the record room, after due compliance.
Announced in open Forum.
Dated:.11-03-2016. (Rajesh Jindal)
President,
District Consumer Disputes
Redressal Forum, Bhiwani.
(Ansuya Bishnoi),
Member
