DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.

   CONSUMER COMPLAINT NO.321 of 15

                                           DATE OF INSTITUTION: - 23.11.2015

                                                     DATE OF ORDER: -27.01.2016

Hemant son of Sh. Vijay Kumar, resident of Bagh Kothi, Gali No. 4, Near Lohar Bazaar, Bhiwani, Tehsil and District Bhiwani (Haryana).

           ……………Complainant.

VERSUS

1. The Mobile Creaters, (Nokia Mobile Care), Opposite K.M. School, Halwasia Mall, Hansi Gate, Bhiwani.
2. Nokia Network Ltd. Corporate Office, 7^th Floor Building, 9A, DLF, Cyber City, DLF, Phase-III, Gurgaon-122002.

………….. Opposite Parties.

COMPLAINT U/S 12 & 13 OF CONSUMER PROECTION ACT

BEFORE: -  Shri Rajesh Jindal, President

Shri Balraj Singh, Member

Smt. Ansuya Bishnoi, Member

Present:-  Complainant in person.

                Ops are exparte.

ORDER:-

Rajesh Jindal, President:

                 Brief facts of the present complaint are that one friend of the complainant namely, Ishan Eaba had purchased a mobile set Nokia Lumia-730 worth Rs. 17,000/- from P.K. Mobiles Gallery, Shop No. 7, Grover Market, Parijat Chowk Hisar and thereafter the complainant had purchased the said mobile phone from said Ishan Eaba with one year complete warrantee.  It is alleged that a bill No. 203 dated 21.10.2014 was issued by said P.K. Mobile Gallery and IMEI No. of mobile is 355151062570785.    The complainant alleged that after some time, this mobile phone occurred ear phone/jeck pot problem due to manufacturing defect and complainant could not do a single outgoing or incoming call from master SIM of this phone.  The complainant alleged that he contacted OP no. 1 about the fault and OP no. 1 asked the complainant to deposit the mobile phone in his office.  The complainant deposited the mobile phone to the office of OP no. 1 on dated 14.09.2015 vide job sheet No. 254433527/150914/001 and OP no. 1 assured him to take the mobile cell after 14 days of its deposit.  It is alleged that on 28.09.2015 the complainant went to the office of OP no. 1 to bring back his mobile but OP no. 1 lingering the matter on one pretext or the other.  Thereafter the complainant contacted to OP no. 2 and requested to rectify the problems of mobile but to no avail.  The complainant served a legal notice upon Ops but no reply was given.  The complainant further alleged that due to the act and conduct of the Ops he has to suffer mental agony and financial losses.  Hence, it amounts to deficiency in service on the part of OPs and as such, he has to file the present complaint & prayed for seeking compensation.

2.               OPs no. 1 & 2 have failed to come present.  Hence they were proceeded against exparte vide order dated 20.01.2016.

3.              In order to make out his case, the complainant has tendered into evidence documents Annexure C-1 to Annexure C-3 and closed the evidence.

4.              We have heard the complainant in person.  He reiterated the contents of the complaint.  He has delivered his mobile hand set to OP no. 1 for repairs but the OP no. 1 has failed to return his mobile hand set duly repaired despite his repeated visits.  He further submitted that he had also got issued legal notice dated 16.10.2015 to the Ops but of no avail.

5.              The mobile hand set in question was purchased by the complainant on 21.10.2014 from Hisar.  The mobile hand set in question was deposited by the complainant with OP no. 1 vide job sheet dated 14.09.2015 for repairs and according to the complainant the OP no. 1 has failed to repair his mobile hand set and return the same to the complainant.  Keeping in view the facts of the case, we partly allow the complaint of the complainant and direct the Ops to deliver the mobile hand set in question of the complainant duly repaired free of charge.  The Ops are further directed to pay Rs. 1,000/- as lump sum compensation to the complainant. This order be complied with by the Ops within 30 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: 27.01.2016.                                         (Rajesh Jindal)

                                                                            President,  

                                                                 District Consumer Disputes

                                                                 Redressal Forum, Bhiwani.

(Ansuya Bishnoi),            (Balraj Singh),      

     Member.                        Member.