2. Notices were issued to the OPs No.1 to 3 through registered post on 09.06.2018 (vide registered post No.CH033461994IN to OP No.1, registered post No.CH033462155IN to OP No.2 and registered post No.CH033462005IN to OP No.3), which were not received back either served or unserved despite the expiring of 30 days from the issuance of notices to OPs No.1 to 3; hence, it was deemed to be served and thus, due to non appearance of Ops No.1 to 3, they were proceeded ex-parte by this Forum vide its order dated 12.07.2018.
3. The ld. counsel for the complainant has tendered affidavit as Annexure CA along with documents Annexure C-1 to C-4 in evidence and closed the evidence by making a separate statement.
4. We have heard the learned counsel for complainant and gone through the entire record available on the file minutely and carefully.
During arguments the ld. counsel for the complainant reiterated the facts and version as contained in the complaint, affidavit Annexure CA and documents Annexure C-1 to C-4 and prayed for acceptance of the complaint.
As per Invoice Annexure C-1, the complainant has been found to have purchased a mobile set namely, OnePlus 5 Mobile Phone on 15.08.2017 for an amount of Rs.32,999/-. It has transpired as per message dated 07.01.2018 sent by complainant through WhatsApp Annexure C-2 to Mobile Zone Care i.e. OP No.2 that headphone jack was required. In continuation of said message dated 07.01.2018 the complainant has been found to have provided the details of MEID & IMEI through another WhatsApp message dated 09.01.2018 to the OP No.2. Further, during the period of warranty as per job sheet dated 31.01.2018 Annexure C-3 the problem of earphone/headphone/hand free had arisen in the functioning of the above said mobile. We have found a detailed conversation w.e.f 07.02.2018 till 21.02.2018 as contained in the email Annexure C-4 between the complainant and the representative of Ops with regard to the grievances of the complainant pertaining to his said mobile set. As per email dated 07.02.2018, the complainant had clearly conveyed that a spare part was required for the removal of defects in the said mobile set and said part was to be shipped by the OPs. The complainant was provided the service request No.TA6JSRF by the Ops pertaining to his grievances lodged with them. The email sent by the complainant on 07.02.2018 explaining his grievances regarding the defect in the mobile set is reproduced as under:-
“I approached your registered service centre M/s Mobile Zone Care in Sector 10 Panchkula, Haryana on 7th January, 2018 for headphone jack repair. It was told to me that the part will have to be shipped and the same will be available within 7-10 days and thereafter your repairs will be done. My service request no. has been generated as TA6JSRF. Thereafter, till date, neither the repairs has been done nor the part has been received by them for repairs. There has been no response from your service centre till date and I have visited the same every week since 7th January. It took one month for you to carry out simple repairs against my OnePlus 5. I am deeply aggrieved by the inaction on your part.”
5. In response to several emails including the above one the Ops used to inform the complainant stating that the engineers will reach him on priority basis and they would inform the complainant about the stock availability status. The relevant part of reply as contained in email dated 07.02.2018 is reproduced as under:-
“Upon checking with your case history details, I see that you have already had a conversation with one of our agents, who had requested you to wait for a certain time regarding the device repair.
Let me inform you that, our service centers perform a thorough check of the device before handing it back to our customers to ensuring the problem with the device is taken care of. They would directly contact you if there is any further intervention needed from your side. I’m sure the issue would have been appropriately looked into and will be resolved with a permanent fix by our service center this is the reason your device delay repair.”
Further, the relevant part of reply as contained in another email sent by Ops on 08.02.2018 is reproduced as under:-
“Let me inform you that, as we are from the technical support end we would not have the stock availability status. Request you to rest assured, post the parts arrive at the service center out service center engineers will reach you on the priority basis. ”
However, neither any engineer or any other team of expert was deputed to contact the complainant nor any effort seems to have been made by the Ops for rectifying the defects as has arisen in the mobile set. Although, the job sheet and other particulars were provided by the complainant to the Ops as is evident from the email Annexure C-4 yet nothing substantial was done by OPs to carry out the necessary repairs of the mobile set except to demand certain unnecessary information vide mail dated 21.02.2018. We have no doubt of any kind in any manner with regard to the indifferent and lackadaisical attitude of the Ops towards the genuine grievances of the complainant. It would not be out of place to mention here that the Ops have preferred not to contest the present complaint and thus, we have unrebutted and uncontroverted version of the complainant which is duly supported by affidavit Annexure CA and documents Annexure C-1 to C-4. In view of the above stated facts, we have no hesitation to conclude that there has been lapse and deficiency on the part of the Ops while delivering services to the complainant; hence, the complainant is entitled to relief.
6. As a sequel to the above discussion, we partly allow the present complaint with the following directions:-
- That the Ops will replace the mobile set of the complainant as purchased vide Invoice Annexure C-1 with new mobile set of the same model having the same features/configuration and in case Ops are not able to replace the mobile set with new one of the same model having the same features/configuration then in that eventuality the Ops shall refund the amount of Rs.32,999/- to the complainant without any interest.
- The Ops shall pay an amount of Rs.2,000 /- on account of mental agony and harassment and further to pay Rs.1100/- as cost of litigation charges.
7. The OPs shall comply with the directions/order within a period of 30 days from the date of communication of copy of this order to OPs failing which the complainant shall be entitled to the interest of 7% per annum on the amount of Rs.32,999/- w.e.f. from the date of this order till realization. A copy of this order shall be forwarded, free of cost, to the parties to the complaint and file be consigned to record room after due compliance.
Announced
11.12.2018 RUBY SHARMA JAGMOHAN SINGH SATPAL
MEMBER MEMBER PRESIDENT
Note: Each and every page of this order has been duly signed by me.
SATPAL
PRESIDENT
