BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Complaint Case no.581 of 2019
Date of Institution: 30.09.2019
Date of Decision: 04.03.2020
Nirmal aged about 24 years son of Sh. Gurcharan Singh, resident of village Lakkarwali, Tehsil Kalanwali, District Sirsa.
………Complainant.
Versus
1. Nokia Networks India Corporate Office at 7th Floor Building 9A, DLF Cyber City, DLF Phase-III, Gurugram- 122002 through its authorized person.
2. Nokia Service Centre, Mehna Marg, Near Hotel DR Plaza Gali Bangi House, Bathinda (PB).
……… Opposite parties.
Complaint under Section 12 of the Consumer Protection Act, 1986.
Before: SH. R.L.AHUJA ………………. PRESIDENT
SMT. SUKHDEEP KAUR……… MEMBER
Present: Sh. Udey Singh Sra, Advocate for complainant.
Opposite parties exparte.
ORDER
In brief, case of complainant is that on 1.9.2018 complainant had purchased a mobile model Nokia 6.1 Plus from opposite party no.1 through online and paid a sum of Rs.15,999/- to op no.1 through online. That after two months of purchase of mobile, it developed some technical defect and when complainant contacted to op no.2, they assured the complainant that they will repair it. On 26.11.2018, complainant visited Nokia Care i.e. op no.2 and they returned the mobile after repairing it on the same day. Thereafter, mobile developed more problems of speaker, mike and charging and complainant again contacted op no.2 for repair of his mobile on 5.1.2019 and at that time op no.2 asked the complainant that it will take some time for repair of mobile. The mobile was delivered to complainant on 9.2.2019 and op assured the complainant that now the mobile will work properly because they have changed its mother board. The complainant thereafter contacted op no.2 many time for repair of his mobile but they always returned the mobile after one or two days but they did not give any job sheet to the complainant. The complainant requested many times to op no.2 for replacement of his mobile but they always lingered on the matter on one pretext or the other. Thereafter on 31.8.2019, the op no.2 asked the complainant that his mobile will swap from company i.e. op no.1 and it will take some time but now ops have flatly refused to replace the mobile and stated that mobile is out of warranty. That complainant approached to the ops and requested them to admit his claim and to get mobile replaced or repaired but they refused to do so. Hence, this complaint.
2. Notice was issued to the opposite parties through registered covers but neither RCs received back nor ops appeared and since period of more than 30 days elapsed, therefore, ops were proceeded against exparte.
3. The complainant then led his evidence.
4. We have heard learned counsel for complainant and have gone through the record carefully.
5. The complainant in order to prove his complaint has furnished his affidavit Ex.C1/A in which he has deposed and reiterated all the averments made in the complaint. He has also furnished copy of tax invoice Ex.C1 and copies of service job sheets Ex.C2 to Ex.C4. From the copy of tax invoice Ex.C1, it is evident that complainant purchased the mobile in question for a sum of Rs.15,999/- through online. From copies of service job sheets Ex.C2 to Ex.C4 it is proved that said mobile was having defects. The pleadings and evidence led by complainant goes as unchallenged and unrebutted as the opposite parties have failed to appear before this Forum rather opted to be proceeded against exparte. It was legal obligation of the opposite parties to get repaired the mobile and to make it defect free and to provide after sales services to the complainant and non providing of the same clearly amounts to deficiency in service on the part of opposite parties.
6. In view of above, we allow this complaint and direct the opposite parties to make necessary repairs in the mobile of the complainant to make it defect free even by replacing any part without any costs or in the alternate to replace the mobile in question with a new one of same make and model. We further direct the opposite parties to pay a sum of Rs.3000/- as composite compensation and litigation expenses to the complainant. The opposite party is liable to comply with this order within a period of 30 days from the date of receipt of mobile from complainant. A copy of this order be supplied to the parties free of costs. File be consigned to record room.
Pronounced in open Forum. Member President,
Dated:04.03.2020. District Consumer Disputes
Redressal Forum, Sirsa.
