BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 145 of 2014
Date of Institution : 30.10.2014
Date of Decision : 10.2.2016
Raman Narula c/o Sidharth Guest House, near Over Bridge, Hisar road, Sirsa.
……Complainant.
Versus
- Non-Stop Mobile Shoppe, through its authorized Incharge Old Civil Hospital Road, near Chawla Attaichi House, Sirsa, Mob:-92531-40007.
- Service Zone, through its authorized person/prop, Shop no.89, Ist Floor, Bishnoi Market, near Aggarsain Chowk, Sirsa.
- Karbonn Mobiles through its Director/Authorized person office at Jaina Marketing and Associates, D-170, Okhla Industrial Area, Phase-I, New Delhi.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SMT.GURPREET KAUR GILL……PRESIDING MEMBER.
SH.RAJIV MEHTA…… …… MEMBER.
Present: Sh.S.N.Grover, Advocate for the complainant.
Opposite parties already exparte.
ORDER
In brief, complainant on 1.9.2013, purchased one mobile hand set, Make Karbonn A-9 Star, for Rs.6,000/- from opposite party no.1. It was with warranty of one year. But, during this warranty period, the mobile set started giving different problems like display and screen touch. The complainant contacted opposite party no.1, who after conducting its thorough checking, stated the complainant that these problems have been occurred due to manufacturing defects and forwarded the complainant to Op no.2. OP no.2 collected the mobile set and issued the job sheet no.D851 by stating that either they would remove the defects permanently or get it replaced from the company within a week. After one week, when the complainant approached Op no.2, they stated that there are cracks in the mobile due to fallen and thus, they cannot change the display of mobile set and demanded Rs.2450/- for replacement of display and relevant parts thereof. The complainant also approached Mr.Vijender, ASM and Radhey R.M. of the company, but the grievance of the complainant has not redressed by the Ops despite legal notice given by the complainant. Hence, the present complaint for a direction to the opposite parties, either to replace the mobile set or to refund its price, with upto date interest, besides damages for harassment, mental agony, humiliation etc. and litigation expenses.
2. Opposite parties no.1 and 2 were duly proceeded against exparte vide order dated 24.12.2014 and opposite party no.3 was duly proceeded against exparte vide order dt. 7.12.2015.
3. In order to make out his case, the complainant has placed on record Ex.C1-his own supporting affidavit; Ex.C2- purchase receipt; Ex.C3-job sheet; Ex.C4-legal notice; Ex.C5 and Ex.C6-postal receipts.
4. We have heard learned counsel for the complainant and have gone through the record carefully.
5. It is admitted fact that the complainant had purchased one mobile hand set, Make Karbonn A-9 Star vide bill Ex.C2 for Rs.6,000/- from opposite party no.1 on 1.9.2013. During the warranty period, the mobile set started giving different problems like display and touch screen. The complainant contacted opposite party no.2 due to manufacturing defect. OP no.2 collected the mobile set and issued the job sheet no.D851 Ex.C3 and ensured that either they would remove the defects permanently or get it replaced from the company within a week. After one week, when the complainant approached Op no.2, Op no.2 gave lame excuses that there are cracks in the mobile due to falling down and they cannot change the display of mobile set and demanded Rs.2450/- for replacement of display and concerned parts of the mobile. The complainant sent a legal notice Ex.C4 through counsel Sh.Somnath Grover, Advocate.
6. Opposite parties no.1 and 2 were duly proceeded against exparte vide order dated 24.12.2014 and opposite party no.3 was also proceeded against exparte vide order dt. 7.12.2015. Ops did not come forward to put their version before this Forum. Under these circumstances, it is established on record that vide Ex.C3-job sheet, the complainant deposited his mobile set for repair due to manufacturing defects. The Ops had not returned the mobile set in proper working condition to the complainant. Accordingly Ops are held guilty for the losses and harassment caused to the complainant and complainant is entitled for relief.
7. For the reasons and findings recorded above, we accept the present complaint with cost of Rs.1000/- and direct the Ops to replace the defective mobile hand set with new one to the complainant within one month, otherwise to refund Rs.6000/- price of the mobile with interest @ 9% per annum from the date of filing of this complaint i.e. 30.10.2014, till payment. All the opposite parties are jointly and severally liable for compliance of this order. Copy of this order be supplied to the parties free of cost. File be consigned to record room after due compliance.
Announced in open Forum. Presiding Member,
Dated:10.2.2016. Member. District Consumer Disputes
Redressal Forum, Sirsa.
Raman Narula Vs. Non Stop Mobile
Present: Sh.S.N.Grover, Advocate for the complainant.
Opposite parties already exparte.
Ld. counsel for complainant closed the evidence after tendering documents Ex.C1 to Ex.C6. Arguments heard. Now to come up on 10.2.2016 for order.
Dt: 3.2.2016. Member. Presiding Member,
DCDRF,Sirsa.
Present: Sh.S.N.Grover, Advocate for the complainant.
Opposite parties already exparte.
Order announced. Vide separate order of even date, complaint has been allowed with costs. File be consigned to record room after due compliance.
Announced in open Forum. Presiding Member,
Dated:10.2.2016. District Consumer Disputes
Redressal Forum, Sirsa.
Member.
