Punjab

Fatehgarh Sahib

CC/26/2018

Preetinder Singh - Complainant(s)

Versus

Puri Telecom - Opp.Party(s)

Sh. A.S.Sidhu

14 Jan 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FATEHGARH SAHIB.

Consumer Complaint  No. 26 of 2018

                                           Date of institution : 04.07.2018                                 

                                             Date of decision    : 14.01.2019

Preetinder Singh son of Sh. Gurbachan Singh R/o village Saddo Majra, Nai Abadi, Tehsil and District Fatehgarh Sahib.

……..Complainant

Versus

1. Puri Telecom, Opp. Sofat Electronics, Bassi Road, Sirhind Mandi, Tehsil and District Fatehgarh Sahib, through its partner/Proprietor.
2. Gionee India H.Q. E-9, Block No.B-1, Ground Floor, Mohan Cooperative Industrial Estate, Mathura Road, New Delhi 110044, through its authorized signatory.

 …..Opposite Parties

Complaint Under Sections 12 to  14 of the Consumer Protection Act.                                    

Quorum

Sh. Kuljit Singh, President

Sh. Inder Jit, Member   

                            

Present :   Sh. A.S.Sidhu, Adv.Cl. for complainant.

                  Opposite parties No. 1 & 2 exparte.

 

        ORDER

        Kuljit Singh, President

 

                      Complainant, Preetinder Singh son of Sh. Gurbachan Singh R/o village Saddo Majra, Nai Abadi, Tehsil and District Fatehgarh Sahib, has filed this complaint against the Opposite Parties (hereinafter referred to as the OPs) under Sections 12 to 14 of the Consumer Protection Act. The brief facts of the complaint are as under:

2.           The complainant purchased a mobile set Gionee Model X-1, bearing IMEI No.865619037524825 and 865619037524833, battery No.R-41032468 from OP No.1 on 06.01.2018, vide bill/invoice No.2021 for an amount of Rs.9,000/-. At the time of purchase of the mobile hand set in question, OP No.1 gave one year warrantee/guarantee for any defect in the mobile hand set and also assured that on any defect, OP No.1 will return the amount of the mobile hand set along with interest or will replace the mobile hand set with new one. After some time from the date of purchase i.e. on 12.05.2018 the mobile hand set created problems of automatically changed the numbers, heat up, automatic off and network problem. The complainant approached OP No.1 and told about the said problems in the mobile hand set. On asking, the complainant handed over the mobile hand to OP No.1, who assured the complainant that he will send the mobile hand set to the service centre and the mobile will be handed over to the complainant after 7/8 days after removing the defects in it.  Accordingly, on 20.05.2018, OP No.1 handed over the mobile hand set to the complainant with an assurance that the defect has been removed and it will not create any problem in future.  Thereafter, the complainant used the mobile hand set and found that the defect has not been removed. Then on 22.06.2018, the complainant again approached OP No.1 and told about the defects in the mobile hand set. OP No.1 again retained the mobile hand set with assurance to remove the defect within one week. Thereafter on 29.06.2018 the complainant approached OP No.1, who handed over the mobile hand set to the complainant with assurance that the defects have been removed.  But on using the same, it was found that the defects have not been removed. The complainant again approached OP No.1, who stated that there is a software problem and the same cannot be removed. The complainant requested OP No.1 to replace the defective mobile hand set with new one or to refund the price of the same, but OP No.1 totally refused to do so. The act and conduct of the OPs amounts to deficiency in service on their part. Hence, this complaint for giving directions to the OPs to refund the price of the mobile hand set i.e. Rs.9,000/- along with Rs.10,000/- as compensation on account of harassment and mental agony and further to pay Rs.5,500/- as litigation expenses.
3.           Notices of the complaint were issued to the OPs but inspite of proper and effective service, they deliberately chose not to appear to contest this complaint. Therefore, OPs were proceeded against exparte. This absence on the part of the OPs is nothing but an admission from their own side. Their non-appearance in this Forum only shows that they have nothing to say.

4. In order to prove his case, the complainant tendered in evidence his affidavit Ex. CW1/A and true copy of Bill/invoice Ex.C-1.

5. The Ld. counsel for complainant submitted that the complainant had purchased the mobile set for Rs.9000/-, vide bill No.2021 dated 06.01.2018 Ex. C-1, from OP No.1, who is retailer of mobile hand set manufactured by OP No.2 i.e. Gionee India. The Ld. counsel for the complainant pleaded that the complainant visited OP No.1 time and again for rectification of the defects in the mobile hand set but he failed to repair/rectify the problem in the said mobile set despite it being in the warranty period. The OPs have also deliberately refused to replace the mobile set or refund the amount. The OPs have thus committed deficiency in service and caused mental and physical harassment to the complainant, despite knowing the facts that the mobile hand set was found to be defective.

6. After hearing the Ld. Counsel for the complainant and going through the pleadings, evidence produced by the complainant and the oral argument, we find that there is force in the submissions of the ld. counsel for the complainant. The OPs have time and again failed to repair/rectify the problem in the said mobile set despite it being in the warranty period.

7. In view of our above discussions, we accept the present complaint and find that the OPs have committed deficiency in service by not repairing or replacing the said mobile set. Hence, we accept this complaint and direct the OPs to inspect the mobile hand set in question thoroughly and repair it to the entire satisfaction of the complainant. Defective parts of the mobile, if any, may also be changed free of cost, if required. In case the mobile hand set is irreparable owing to manufacturing defect, it be got exchanged with new one or refund the price of the mobile hand set i.e. Rs.9000/-. Complainant is also held entitled to the damages suffered by him on account of harassment and mental tension. The damages are assessed at Rs. 3000/- for mental agony and harassment and litigation cost of Rs.2000/-. The damages and the costs may be paid within a period of 45 days from the date of receipt of the copy of this order. If the orders are not complied within the stipulate period, it will carry 9% p.a interest till its realization.

8.                   Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.

Pronounced

Dated:-14.01.2019