DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,PATIALA.<br /> <br /> Complaint No.CC 07/16 of 24.9.2007<br /> Decided on: 25.2.2008<br /> Sh.Parwinder Kumar Sharma S/o Sh.Mewa Ram Sharma R/o # 41,Blossom Enclave ,Nabha Road, Patiala.<br /> -----------Complainant<br /> Versus<br /> <br /> 1. Sh.Rajiv Jindal Prop.M/s A-One Communications,Near Qimat Rai Jewellers,Dharampura Bazar,Patiala.<br /> 2. Sh.Vinod Mehta Prop.M/s A-One Communications,Near Qimat Rai Jewellers,Dharampura Bazar,Patiala.<br /> <br /> ----------Opposite parties.<br /> <br /> Complaint under Sections 11 to 14 of the<br /> Consumer Protection Act.<br /> <br /> QUORUM<br /> <br /> Sh.Inderjit Singh, President<br /> Smt.Paramjit Kaur,Member<br /> Present:<br /> For the complainant: Miss.Harwinder Kaur Dhanjal,adv.<br /> For opposite parties: Ex-parte.<br /> <br /> ORDER<br /> <br /> SH.INDERJIT SINGH,PRESIDENT<br /> <br /> Complainant,Parwinder Kumar has brought this consumer complaint under Sections 11 to 14 of the Consumer Protection Act,1986 as amended up to date ( hereinafter referred to as the Act) against the opposite parties fully detailed and described in the head note of the complaint.<br /> 2. As per averments made in the complaint the case of the complainant is like this;<br /> That the opposite parties are running the shop under the name and style of M/s A-One Comunications, wholesale and retail in mobile accessories and the opposite parties are dealing with all kinds of mobile sets. Softwares and connections at Dharampura Bazar,Patiala.That the complainant has purchased a Mobile set Model Motorola V-360,bearing IMEI-358005004830847 from the opposite parties’ shop on 16.5.2007 for the amount of Rs.5700/-.That a bill bearing No.074 dated 16.5.2007 has been issued by the opposite parties, under their signatures in favour of the complainant regarding the purchase of said mobile. That at the time of purchase, it was settled that if there has been nay complaint in the product sold by the opposite parties, then replacement and repair will be done by the opposite parties. That after a week of the purchase of the said mobile set, the mobile set had some technical defects for which the complainant had approached the opposite parties and complained about the defect of the set and requested to the opposite parties to repair or replace the mobile set. That one day on the request of the complainant the opposite parties took the mobile into their custody for repairing the same and assured to the complainant that it will be replaced or repaired within a week. That after keeping the mobile in their possession, the opposite parties returned the mobile set without replacing or repairing the defect and had flatly refused to replace or repair the mobile. That after the refusal of the opposite parties the complainant had issued a legal notice through his counsel on 29.8.2007 to the opposite parties, through registered post regarding the complaint of the mobile. But inspite of the receiving of the legal notice, the opposite parties did not pay any heed to the complaint of the complainant. That even after sending the legal notice, the complainant had contacted the opposite parties, but the opposite parties put off the matter on lame excuses from one pretext to another. Hence this complaint.<br /> 3. Notice of the complaint was given to the opposite parties wherein they were directed to appear in the Forum on 3.12.207 but they having failed to put in appearance were proceeded against exparte on 10.12.2007.<br /> 4. In order to prove his case the complainant tendered in evidence his affidavit,Ex.CW/A, attested copy of bill dated 16.5.2007,Ex.C1, copy of legal notice dated 29.8.2005,Ex.C2, photo copies of receipts,Exs.C3 and C4, attested copy of bill dated 19.2.2007,Ex.C5 and acknowledgement of legal notice,Ex.C6.<br /> 5. The complainant filed written arguments. We have gone through the same and have also heard the learned counsel for the complainant.<br /> 6. The case of the complainant is that he had purchased a mobile set model Motorola V-360 of Rs.5700/- vide bill No.074 dated 16.5.2007,Ex.C1 from opposite parties. The case of the complainant is that after a week of the purchase of the mobile set it developed some technical defects and he approached the opposite parties and requested to repair or replace the mobile set, but in spite of repeated requests and notices the same has not been done.<br /> 7. We have gone through the allegations made in the complaint as well as the record placed on the file.<br /> 8. The perusal of the bill No.074 dated 16.5.2007 Ex.C1, shows that a mobile set Model Motorola V-360 was purchased by the complainant from the opposite parties. The complainant has alleged that after a week of the purchase of the mobile set it developed some technical defects. It is also the case of the complainant that he had approached the opposite parties and that the opposite parties took the mobile into their custody for repairing the same. However, there is nothing on the record to show that the mobile set was taken to the opposite parties and that they had retained the same and after keeping the mobile in their possession they returned the same without replacing or repairing the defect. No receipt vide which the mobile set was taken and retained by the opposite parties has been placed on the record by the complainant. Even there is nothing on the record to show if any warranty or guarantee was given at the time of sale of the disputed mobile set to the complainant. There is also no job sheet placed on the record by the complainant which could show that the mobile set was given to the opposite parties for repair. This could also prove the allegations of the complainant that the same was kept by the opposite parties in their possession and returned to the complainant without replacing or repairing the defect. The alleged mobile was purchased on 16.5.2007 and the present complaint was filed on 24.9.2007.Without any guarantee or warranty card it cannot be presumed that the complaint has been filed within the limitation period.<br /> 9. In view of our above discussion, we hold that the complaint is without any merit and we dismiss the same. No order as to costs. Copy of this order be sent to the parties as per rules.<br /> File be consigned to the record.<br /> Pronounced.<br /> Dated:25.2.2008.<br /> <br /> President<br /> <br /> <br /> Member<br /> <br /> <br />