DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

PATIALA.

                                      Complaint No. CC/15/152 of 23.7.2015

                                      Decided on:         20.11.2015

Minal Gongale, aged 33 years, s/o Sh.Minal Hemantraj Gongale, R/o 29, Sukhram Colony, Patiala.

                                                                   …………...Complainant

                                      Versus

1.      Nokia India Sales Private Limited, registered office, FlatNo.1204, 12^th Floor, Kailash Building, Kasturba Gandhi Marg, New Delhi 110001.

2.      Microsoft Service Centre, Near Hotel Jiwan Plaza, Bhupindra Road, 22 No.Phatak, Patiala.

                                                                   …………….Ops

                                      Complaint under Section 12 of the

                                      Consumer Protection Act.

                                      QUORUM

                                      Sh.D.R.Arora, President

                                      Smt.Neelam Gupta, Member

                                      Smt.Sonia Bansal,Member

Present:

For the complainant:       Sh.Amar Singh , Advocate

For Op No.2:                   Ex-parte.          

                                         ORDER

D.R.ARORA, PRESIDENT

1. It is the case of the complainant that he had purchased one mobile phone make Nokia 535, on-line through eBay on 1.1.2015, which was delivered to him on 7.1.2015 on payment of Rs.8599/-. The invoice was issued by Gupta Traders of Aklera District Jhalarwar(Raj.).  He was provided with the warranty card.
2. After a user of the mobile hand set for a period of 20 days, it  started giving a problem in the matter of charging and started hanging. The complainant visited the service centre of the company i.e. Op no.2 at Patiala for 5-6 times. Op no.2 got the job cards returned while delivering the mobile hand set back to the complainant. However, the complainant has produced the two copies of the job cards dated 25.5.2015 and 3.6.2015 as annexures 4 &5 alongwith the complaint. The main problem of the mobile hand set has not been rectified. The complainant has sent the e-mails in this regard to Op no.1 but to no effect.
3. It is further averred that the repeated repairs of the mobile hand set have rendered the same useless and unserviceable. Providing a faulty mobile hand set to the complainant is said to be an unfair trade practice as also deficiency of service on the part of the Ops. Accordingly the complainant has brought this complaint against the Ops under Section 12 of the Consumer Protection Act,1986 ( for short the Act) for a direction to the Ops to replace the mobile hand set with new one or to refund the price thereof. He may also be awarded the compensation and costs of the complaint.
4. The cognizance of the complaint was taken against Ops no.1&2 but who despite service failed to turn up and were accordingly proceeded against exparte.
5. In the exparte evidence, the complainant produced in evidence Ex.CA his sworn affidavit alongwith documents Exs.C1 to C7 and his counsel closed the evidence.
6. The complainant failed to file the written arguments. We have heard the counsel for the complainant and gone through the evidence on record.
7. Ex.C1 is the e-mail dated January 1^st ,2015, received by the complainant through his e-mail
8. It is the case of the complainant that due to repeated repairs of the mobile hand set, the same has been rendered unserviceable and useless. The complainant has produced  three service job sheets i.e. Exs.C4 to C6 and cash memo Ex.C7 dated 25.5.2015, 3.6.2015 ,24.8.2015 and 2.11.2015.Service job sheet Ex.C4 contains the IMEI No.355741068370527. However, the model name of the mobile hand set has been recorded as AC18N2 and not  Nokia 535.Similarly in service job sheet Ex.C6, the   IMEI number has been recorded as 3557841068370520 and no parentage IMEI number has been given. Apparently this job sheet also does not pertain to the mobile hand in question. Similarly in the cash memo Ex.C7, there is a mention of the mobile hand set make Microsoft 535 bearing IMEI No.355741063370527 and therefore, the cash memo also does not pertain to the mobile hand set in question.
9. In the service job sheet Ex.C5 dated 3.6.2015 the model name of the  mobile hand set has been noted as LUMIA535 and not Nokia 535.There is a distinction between LUMIA 535 &  Nokia 535, models of the same company. Even if for the sake of arguments we treat the service job sheet Ex.C5 relating to the mobile hand set in question, there was noted the problem of  ‘4120 Stability:Freezes/Restarts by itself’ and after the mobile hand set having been repaired , the same was taken by the consumer on 30.6.2015 being fully satisfied with the work carried out as per the note given on the job sheet.
10. It is no where the case of the complainant that after 3.6.2015 the mobile hand set had given any problem and that he again approached the service centre i.e. Op no.2.The cash memo Ex.C7 dated 2.11.2015 as observed earlier,  does not pertain to the mobile hand set in question. Moreover, the same is not produced alongwith the service job sheet to show as to what was the problem in the mobile hand set for which the complainant had to pay Rs.100/- and rather a perusal of the cash memo,Ex.C7 would go to show that the window was got reinstalled.
11. It was for the complainant to have lead the evidence that the mobile hand set of the complainant was rendered unserviceable and useless after the same was  repaired on 30.6.2015.No such evidence has been lead by the complainant. Even the complainant failed to produce the mobile hand set for the examination by the Forum to see whether it is working or not. Therefore, it would appear that the complainant has brought the complaint without any basis and no deficiency of service can be attributed to Op no.2. Resultantly, the complaint is hereby dismissed.

Pronounced

Dated: 20.112015

                   Sonia Bansal                 Neelam Gupta                        D.R.Arora

          Member                         Member                                  President