Haryana

Yamunanagar

CC/27/2016

Deep Chand Singla S/o Banarashi Dass - Complainant(s)

Versus

Nokia India Sales Pvt.Ltd. - Opp.Party(s)

Deep Chand Singla

22 Aug 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR

 

                                                                                        Complaint No.27 of 2016.

                                                                                        Date of institution:22.01.2016.

                                                                                        Date of decision: 22.08.2016

Deep Chand Singla aged about 44 years son of Sh. Banarshi Dass, resident of H. No. 1226/1, Partap Nagar, Jagadhri, District Yamuna Nagar.  

                                                                                                                                                                          …Complainant.

                                           Versus

1. Nokia India Sales Pvt. Ltd. Regd. Office Flat No.1204, 12^th Floor Kailash Building, Kasturba Gandhi Marg, New Delhi-110001.
2. Nokia India Sales Pvt. Ltd. S.P. Infocity Flat No.243, Udhyag Vihar Phase-I, Dundahera, Gurgaon-122016, Haryana.
3. Bhalla Communication 1, New Hamida Colony, Opposite Luxmi Theatre, Yamuna Nagar.                                                                                                                                                                                           …Respondents.

Before:             SH. ASHOK KUMAR GARG…………….. PRESIDENT.

                        SH. S.C.SHARMA………………………….MEMBER.

 

Present:  Sh. Deep Chand Singla complainant in person.   

                Respondents already ex-parte.

                

ORDER

 

1.                     Complainant Sh. Deep Chand Singla has filed the present complaint under section 12 of the Consumer Protection Act. 1986.

2.                     Brief facts of the complaint, as alleged by the complainant, are that the complainant purchased one mobile make Microsoft Lumia 535 for a sum of Rs. 8700/- on 05.02.2015 vide bill No. 10330 from Op No.3. The mobile set in question was having warranty of one year. After purchasing the mobile set in question after 2-3 days some problem occurred into the phone as the display as well as touch stopped working properly, so, the complainant approached the OP No.3 on 05.03.2015 and mobile set in question was replaced with new one bearing EMI No. 357819069100180 and necessary endorsement was made on the previous bill dated 05.02.2015 (Annexure C-1). After that new mobile set replaced by OP No.3 on 05.03.2015 worked properly for some month. However, after that problem in touch occurred in the mobile in question and due to that the complainant again contacted the OP No.3 and on advise of OP No.3 he visited the Nokia Care Centre Yamuna Nagar and requested to replace the same as the mobile set in question was having some manufacturing defect but the official of Nokia Care Centre refused to do so. So a legal notice was issued on dated 16.12.2015 to the OPs despite that grievances of the complainant has not been rectified by the OPs and lastly prayed for directing the OPs to refund the cost of mobile of Rs. 8700/- alongwith interest and compensation.

3.                     In support of his complaint, complainant tendered into evidence his affidavit as Annexure CW/A and photo copy of bill as Annexure C-1, Photo copy of front of the box as Annexure C-2, Photo copy of legal notice as Annexure C-3, Postal receipts as Annexure C-4 to C-6 and mechanic report of Ashima Communication and Repair Centre as Annexure C-7 and closed his evidence.

4.                     Upon notice Sh. Pankaj Kamboj appeared on behalf of OPs No.1 & 2 and filed memo of appearance and later on filed power of attorney. However, OPs No.1 & 2 failed to file written statement and documents, even after that remained fail to appear and ultimately proceeded ex-parte vide order dated 18.05.2016.

5                      OP No.3 also failed to appear despite service, hence he was proceeded ex-parte vide order dated 08.04.2016.

6.                     We have heard the complainant and have gone through the pleadings as well as documents placed on file very minutely and carefully.

7.                     It is not disputed that the complainant purchased the mobile set in question from OP No.3 which is clearly evident from the copy of bill No. 10330 dated 05.02.2015 (Annexure C-1). It is also not disputed that the said mobile set was changed/replaced by the OP No.3 which is also evident from the endorsement made on the same bill (Annexure C-1). From the perusal of bill Annexure C-1, it is clearly evident that the complainant firstly purchased the mobile set in question on 05.02.2015 which was replaced on 05.03.2015 and the present complaint has been filed on 22.01.2016 which is within warranty period. However, prior to filing this complaint complainant has also issued a legal notice dated 16.12.2015 which is duly evident from the Annexure C-3 to C-6. As per the version of the complainant there is a problem in the touch of the replaced mobile in question and in this regard complainant contacted the Nokia Care Centre which is Service Centre of the Microsoft Mobile ( As the Nokia has been taken over by the Microsoft) and requested to rectify the defects from the mobile set in question or to refund the cost of mobile set but the OPs failed to do the same. The above noted version of the complainant is duly supported by his unrebutted affidavit. Even the OPs did not bother to contest the complaint and remained ex-parte. Hence, we have no option except to partly allow the ex-parte complaint of complainant.

8.                     Resultantly, we partly allow the complaint of complainant and direct the OP No.3 to get the mobile set in question repaired from the service centre of Microsoft Mobile and set it in proper working order free of costs within 15 days from the receipt of mobile set from the complainant failing which complainant shall be entitled to invoke the jurisdiction of this Forum as per law. Copies of this order be sent to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance.

Announced: 22.08.2016.                    

                                                                                    (ASHOK KUMAR GARG )

                                                                                    PRESIDENT,

 

 

 

                                                                                    (S.C.SHARMA )

                                                                                     MEMBER.