Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 54.
Instituted on : 05.02.2018.
Decided on : 06.02.2019.
Sh.Vinod Kumar s/o Sh. Jai Pal Singh R/o VPO Sanghi, District-Rohtak, Age 35 years., Ph., No.7015188955.
………..Complainant.
Vs.
- Manager, Pace Tel Systems Pvt. Ltd., Shop No.108, 1st Floor, Anand Plaza, Choturam Chowk, Rohtak(Haryana).
- Oppo Mobiles India Pvt. Ltd., Plot No.1, Udyog Vihar, Greater Noida, Gautam Buddha Nagar-201306(Uttar Pradesh).
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
SH. VED PAL, MEMBER.
SMT. SAROJ BALA BOHRA, MEMBER.
Present: Sh.Digvijay Jakhar, Advocate for complainant.
Opposite parties exparte.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Present complaint has been filed by the complainant with the averments that the complainant has purchased a mobile set on dated 16.03.2017 from the opposite party company for a sum of Rs.11500/-. That during the second month of purchase, the mobile set giving problems of heating and hanging and auto shut down. That complainant contacted the service centers of opposite parties at Bhiwani and Delhi and the mobile was returned only after formatting the same and no job sheet was given. That complainant made complaint through email but to no effect. That on 03.02.2018 the phone become dead and the official of opposite party No.1 told that the motherboard of phone was defective and asked the complainant to deposit the fee of repair. Then the complainant made complaint to opposite party No.2 through email and thereafter opposite party No.1 returned the phone saying that now it will work perfectly but the mobile did not work after repair. That despite repeated requests of the complainant; neither the phone was repaired nor was replaced by the opposite parties. That the act of opposite parties is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite party may kindly be directed to refund the price of mobile amounting to Rs.11500/- alongwith interest, compensation and litigation expenses as explained in relief clause.
2. On notice, opposite party No.1 did not appear despite service and was proceeded against exparte vide order dated 19.03.2018 of this Forum. Notice sent to opposite party No.2 through registered post received back with the report of refusal and as such opposite party No.2 was also proceeded against exparte vide order dated 02.11.2018 of this Forum.
3. Learned counsel for the complainant in his evidence tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C10 and has closed his exparte evidence on dated 19.12.2018.
4. We have heard learned counsel for the complainant and have gone through material aspects of the case very carefully.
5. Perusal of the record reveals that the complainant had purchased the mobile on 16.03.2017 and the complainant had made complaint through email on dated 21.01.2018 & 22.01.2018 placed on record as Ex.C2 and Ex.C4 and as per job sheet Ex.C5 dated 03.02.2018 there were problems of Auto on off, short standby and network issues but the mobile could not be repaired by the opposite parties despite repeated requests of the complainant during warranty period which amounts to deficiency in service on their part. On the other hand, opposite parties did not appear despite service and as such it is presumed that opposite parties have nothing to say in the matter and all the allegations leveled by the complainant against the opposite parties regarding defect in the mobile set stands proved. Hence there is deficiency in service on the part of opposite parties and OPs are liable to refund the price of mobile set after deduction of 40% discount on it at the complainant has approached the opposite parties for removing the defects of the mobile set after about 10 months of its purchase.
6. In view of the facts and circumstances of the case, complaint is allowed and we hereby direct the opposite party No.2 i.e. manufacturer to refund the price of mobile set Rs.11500/- less 40% i.e. to pay Rs.6900/-(Rupees six thousand nine hundred only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 05.02.2018 till its realization and also to pay a sum of Rs.2000/-(Rupees two thousand only) as compensation and litigation expenses to the complainant within one month from the date of decision. However complainant is directed to hand over the mobile in question to the opposite parties at the time of making the payment by the opposite parties.
7. Copy of this of and the order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
06.02.2019.
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Nagender Singh Kadian, President
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Ved Pal Hooda, Member.
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Saroj Bala Bohra, Member.
