BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.130 of 2015

Date of Instt. 30.03.2015

Date of Decision :15.05.2015

Munish Kumar aged about 31 years son of Om Parkash R/o ES 467/10, Mohalla Abadpura, Nakodar Road, Jalandhar.

..........Complainant

Versus

1. Raja Mobiles, 501, New Model House, Jalandhar-144007 through its Prop/Partner/Authorized Representative.

2. Shree Communications, Shop No.5, Ist Floor, GS Bajwa Complex, Nakodar Road, Opp.Friend Bakery, Jalandhar through its Prop./ Partner/Manager/Authorized Representative.

3. U.T.Electronics Pvt Ltd, Regd.Office SCO 363-64, Sector 35-B, Chandigarh-160022 through its Managing Director/Authorized Representative.

.........Opposite parties

Complaint Under Section 12 of the Consumer Protection Act,1986.

Before: S. Jaspal Singh Bhatia (President)

Ms. Jyotsna Thatai (Member)

Sh.Parminder Sharma (Member)

Present: Complainant in person.

Sh.Akash Batra, Auth.Rep. for OPs No.2 & 3.

Opposite party No.1 exparte.

Order

J.S.Bhatia (President)

1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act, 1986, against the opposite parties on the averments that the complainant purchased a mobile phone make Gionee S5.5 bearing IMEI No.862724024299531 for Rs.22,000/- from opposite party No.1 vide invoice No.R-829 dated 9.6.2014. The one year warranty was given for the above said mobile phone. Within warranty period various defects arose in the above said mobile handset. At the first its touch system failed to work and its network became out of order. The complainant brought the above defects into the notice of the opposite party No.1 who suggested the complainant to approach their authorized service centre i.e opposite party No.2. As per suggestion of opposite party No.1, the complainant approached opposite party No.2 and handed over the defective mobile handset to opposite party No.2. The opposite party No.2 issued job sheet and told the complainant to collect the handset after 10 days. When after 10 days the complainant went to take the handset, the opposite party No.2 took the original job sheet from complainant and gave the handset but after some days its ringer, receiver and loud speaker became dead. The complainant again gave the handset to opposite party No.2 for repair on 6.2.2015. The opposite party No.2 gave job sheet to complainant and told the complainant to collect the handset after 10 days. After 10 days when the complainant collected the handset from opposite party No.2, the defect was same as before. Its Sim Tray block and loud speaker failed to produce sound. The complainant again gave the defective mobile handset to opposite party No.2 on 2.3.2015. The opposite party No.2 took the mobile handset from the complainant and issued job sheet No.6744 dated 2.3.2015. The opposite party No.2 told the complainant to collect the mobile handset after 10 days. After 10 days when the complainant went to take the handset, the opposite party No.2 told the complainant that its defects have been rectified and assured that in future such type of defects will not take place. But after some days, the same problem arose again. On 25.3.2015 the complainant again went to opposite party No.2 and told them the defect of ringer, receiver and loud speaker dead. After check-up, the opposite party No.2 kept the handset with them and issued a job sheet dated 25.3.2015. The opposite party No.2 told the complainant to collect the handset after 10 days. The said defective mobile handset is lying with the opposite party No.2 which they have neither repaired satisfactory nor replaced. The complainant visited the opposite party No.2 again and again but every time the opposite party No.2 did not succeed to rectify the fault. On such like averments, the complainant has prayed for refund of the price i.e Rs.22,000/-. He has also claimed compensation and litigation expenses.

2. Upon notice, opposite parties No.1 did not appear and as such it was proceeded against exparte. However, Sh.Akash Batra, Authorized Representative appeared on behalf of opposite parties No.2 and 3 and suffered a statement on 8.5.2015 that opposite parties No.2 and 3 are ready to give new mobile handset of the same make and model to the complainant and they are not to file any written statement or to tender any evidence.

3. In support of his complaint, complainant has tendered into evidence affidavit Ex.CA alongwith copies of documents Ex.C1 to Ex.C4 and closed evidence.

4. We have carefully gone through the record and also heard the complainant in person and authorized representative of opposite parties No.2 and 3.

5. The complainant purchased the mobile handset in question from opposite party No.1 vide retail invoice dated 9.6.2014 Ex.C1 for Rs.22,000/-. According to the complainant, the handset repeatedly developed defects and he gave the same to the service centre i.e opposite party No.2 but it failed to rectify the defect and the mobile handset is still in the custody of opposite party No.2. The complainant has also placed on record service job sheets Ex.C2 to Ex.C4 issued by the opposite party No.2. On the other hand, the fact that authorized representative of opposite parties No.2 and 3 suffered a statement that they are ready to give new mobile handset of the same make and model to the complainant clearly suggest that the mobile handset of the complainant was having some inherent manufacturing defect and was beyond repairs.

6. In view of above discussion, the present complaint is accepted against opposite parties No.2 and 3 and they are directed to give brand new mobile handset of the same make and model to the complainant or in the alternative to refund its price i.e Rs.22,000/- to him within 15 days from the date of receipt of copy of this order. The complainant is further awarded Rs.3000/- in lump sum on account of compensation and litigation expenses. Copies of the order be sent to the parties free of costs under rules. File be consigned to the record room.

Dated Parminder Sharma Jyotsna Thatai Jaspal Singh Bhatia

15.05.2015 Member Member President