Chandigarh

DF-II

CC/626/2015

Ranvir Singh - Complainant(s)

Versus

Panasonic India Pvt. Ltd., - Opp.Party(s)

In Person

08 Feb 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	626/2015
Date of Institution	:	29.10.2015
Date of Decision	:	08.02.2016

 

                                               

                                                         

Ranvir Singh r/o # 80,New Police Colony, Sector 26, Chandigarh.

 

                                      ...  Complainant.

Versus

1.      Panasonic India Pvt. Ltd., First Floor, ABW Tower, IFFCO Chowk, Sector 25, Gurgaon-122001 through its Managing Director.

 

2.      New Tech Electronics, Panasonic  Service Center, SCO 495-496, First Floor, Sector 35-C, Chandigarh through its Manager.

 

3.      Pioneer Traders, SCO No.1038, Sector 22-B, Chandigarh, through its Proprietor.

 

4.      Electra Care, Panasonic Service Centre, Quite Office No.11, Opposite Khukhrain Bhawan, Sector 35-A, Chandigarh through its Manager.

…. Opposite Parties.

BEFORE:   SHRI RAJAN DEWAN, PRESIDENT

SHRI JASWINDER SINGH SIDHU, MEMBER

MRS.PRITI MALHOTRA, MEMBER

 

 

Argued by: Complainant in person.

                   Sh.Gaurav Bhardwaj, Counsel for OP No.4.

                    OPs No.1 to 3 exparte.

 

PER RAJAN DEWAN, PRESIDENT

1.           In brief, the case of the complainant is that he purchased a mobile handset make Panasonic ELUGA U Black from OP No.3 vide bill dated 11.03.2015 for Rs.12,250/- (Annexure C-1), having one year warranty.  It has been averred that it became dead as it was switching on and off on its own and, therefore, he approached OP No.2 vide job sheet dated 16.05.2015 (Annexure C-2).  However, after its repairs, the mobile phone again started giving the same problem and as such he again approached OP No.2 vide job sheet dated 23.06.2015  (Annexure C-3) and the same was returned after few days.  However, it was giving the same problem besides hanging during calls and therefore, the same was landed with the OP No.4 for its repairs vide job sheet dated 14.10.2015  (Annexure C-4) and the same was handed over to him on 16.10.2015 but the same could not be started. He immediately approached OP No.4 and it gave the previous  job sheet by correcting the date as 16.10.2015 on the job sheet (Annexure C-5) and since then the same is lying with OP No.4.  It has been averred that thereafter he approached OP No.4 time and again who informed him that the mobile phone was not repairable and the same was sent to the head office.  Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the opposite parties, the complainant has filed the instant complaint.
2.           Despite due service through registered post, Opposite Party Nos.1 and 3 failed to put in appearance and as a result thereof they were ordered to be proceeded against exparte vide order dated 09.12.2015.
3.           Initially, Mr.Sahil, Authorized Representative appeared on behalf of OP No.2 but subsequently none appeared on behalf of OP No.2 and as such it was also ordered to be proceeded against exparte vide order dated 13.01.2016.
4.           In its written statement, OP No.4 pleaded that it was granted the agency of service in August, 2015 and it resigned as service center of OP No.1 on 11.10.2015 but OP No.1 asked it to continue the service center till the notice period. It has further been pleaded that the mobile handset in question was received for repairs on 14.10.2015 and returned on 16.10.2015 and the same was again received on 16.10.2015 as it was having some problem but after that the notice period of termination of agency was over and the mobile handset was returned to the complainant as the same was not repairable. Pleading that there is no deficiency in service on its part, a prayer for dismissal of the complaint has been made.
5.           We have heard the complainant in person, Counsel for the OP N.4 and have gone through the documents on record.
6.           In his exparte evidence, the complainant has also placed on record the documents i.e. Annexures C-1 to C-5 in support of the averments made in the complaint. Besides this, he has also placed on record his detailed affidavit reiterating the averments as made in the complaint.  It is pertinent to mention here that OP No.4 has specifically stated in his affidavit that the mobile phone in question is non-repairable. The evidence led by the complainant has also gone unrebutted and uncontroverted as OPs No.1 to 3 despite due service did not care to contest the case and, as such, it can be concluded without any hesitation that either they admit the claim of the complainant or has nothing to say in the matter.   Opposite Party No.1 who is manufacturer of the phone in question has failed redress the genuine grievance of the complainant within the warranty period despite the fact that the mobile phone in question was non-repairable and as such an act on its part tantamounts to deficiency in service.
7.           In view of the above discussion, the present complaint deserves to be allowed and the same is accordingly allowed. OP No.1 is directed as under ;-

1. To refund Rs.12,250/- i.e. the price of the product in question to the complainant.
2. To pay Rs.2,000/-  as compensation for mental agony and physical harassment to the complainant.
3. To pay Rs.1,500/- as costs of litigation.

This order be complied with by Opposite Party No.1, within 45 days from the date of receipt of its certified copy, failing which the amount at Sr.No.(i) and (ii) shall carry interest @9% per annum from the date of this order till actual payment besides payment of litigation costs.

8.           However, the complaint qua OPs No.2 to 4 stands dismissed.
9.           Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced                                                                                               

08.02.2016                                                                                                Sd/-

                      (RAJAN DEWAN)

PRESIDENT

 

Sd/-

(JASWINDER SINGH SIDHU)

MEMBER

 

Sd/-

(PRITI MALHOTRA)

MEMBER