2.Shivam communications, 1st Floor, Bansal Building, Near Geeta Dwar, Pipli Chowk,Kurukshetra Haryana through its authorized person.
……Opposite parties.
Complaint under Section 35 of Consumer Protection Act.
Before Smt. Neelam Kashyap, President.
Shri Issam Singh Sagwal, Member.
Smt. Neelam, Member.
Present: Complainant in person.
Ops ex-parte.
ORDER
This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Parteek Kumar against Realme mobile etc. the opposite parties.
2. It is stated in the complaint that complainant had purchased New Mobile phone make realme 20 Pro Black Ninja 6GB +64 GB with IMEI No.862460053578533 vide bill dated 7.12.2020 from OP No.1 through online. The complainant had paid a sum of Rs.13799/- to the OP No.1 for the purchase of the said mobile. The said mobile phone is manufactured by OP No.1 .The OP No.2 is the authorized service center of the OP No.1. OP No.1 at the time of sale of the said mobile assured to be of a good quality phone and also gave guarantee for a period of one year. From the first date of the purchase of the phone, there is software problem and the touch is automatically working. The complainant contacted the customer care centre on toll free number for the same and the representative of the customer care directed the complainant to approach OP No.2. On 14.2.2020 the complainant approached the OP No.2 who told that they would update the software in the said mobile handset and job sheet dated 15.12.2020 was issued and they handed over the phone by stating that software has been updated. On 16.12.2020 again the said problem occurred and the phone was again returned by saying that the software has been updated. On 17.12.2020 the mobile again started creating problem of touch automatically and outgoing sound issue and a gain the Ops returned the phone on 18.12.2020 by stating that the problem has been removed. Thereafter 4/5 days the phone created problem again the complainant contacted the OP No.2 but the officials of OP No.2 stated that there is manufacturing defect in the phone and the OP No.2 refused to repair the mobile. The complainant sent an e-mail on the official website with regard to the problem of the phone but nothing has been done even on telephonically complaints and the said defective mobile is lying with the complainant as such there is deficiency in services on the part of the Ops. Thus, the complainant alleging deficiency in services on the part of the Ops has filed the present complaint and prayed that the Ops be directed to return the cost of the mobile i.e. Rs.13799/- alongwith compensation for the mental harassment and agony caused to him and the litigation expenses.
3. Notice of the complaint was given to the OPs. Ops were duly served upon but failed to appear despite due service. Therefore, Ops were proceeded against ex parte vide order dated 16.08.2021.
4. The complainant in support of his case has filed affidavit Ex.CW1/A and tendered documents Ex.C-1 to Ex.C-3 and closed his evidence.
5. The complainant has argued that he had purchased New Mobile phone make realme narzo 20 Pro Black Ninja 6GB+64 GB with IMEI No.862460053578533 vide bill dated 7.12.2020 from OP No.1 through online. The complainant had paid a sum of Rs.13799/- to the OP No.1 for the purchase of the said mobile vide invoice Ex.C-3. The said mobile phone is manufactured by OP No.1 .The OP No.2 is the authorized service center of the OP No.1. OP No.1 at the time of sale gave the guarantee for a period of one year. From the first date of the purchase of the phone, there is software problem and the touch is automatically working. The complainant contacted the customer care centre on toll free number for the same and the representative of the customer care directed the complainant to approach OP No.2. On 14.2.2020 the complainant approached the OP No.2 who told that they would update the software in the said mobile handset and job sheet dated 15.12.2020 was issued and they handed over the phone by stating that software has been updated. On 16.12.2020 again the said problem occurred and the phone was again returned by saying that the software has been updated. On 17.12.2020 the mobile again started creating problem of touch automatically and outgoing sound issue and a gain the Ops returned the phone on 18.12.2020 by stating that the problem has been removed. Thereafter 4/5 days the phone created problem again the complainant contacted the OP No.2 but the officials of OP No.2 stated that there is manufacturing defect in the phone and the OP No.2 refused to repair the mobile.Ex.C-1 and Ex.C-2 are job sheets. The complainant sent an e-mail on the official website with regard to the problem of the phone but nothing has been done even on telephonically complaints and the said defective mobile is lying with the complainant as such there is deficiency in services on the part of the Ops.
6. The above version put forwarded by the complainant goes unrequited and unchallenged and it is established that the complainant purchased a mobile phone online for Rs.13,799/- on 7.12.2020 vide invoice Ex.C-3 and the same became defective. The mobile was given to the OP No.2 for repairs and job sheets Ex.C-1 dated 17.12.2020 and Ex.C-2 dated 16.12.2029 were issued but the problem in the phone could not be rectified and the phone is still defective and lying with the complainant and as such for not removing the defect of the mobile and for not replacing the defective mobile, there is deficiency in services on the part of the Ops. The mobile phone became defective within ten days from the date of its purchase and selling of defective mobile phone also amounts to unfair trade practice on the part of the Ops.
7. In view of our above findings, we accept the present complaint and direct the Ops to refund the sum of Rs.13799/- i.e. cost of the mobile phone to the complainant within a period of 30 days from the date of preparation of certified copy of this order, failing which the Ops shall pay interest @ 6% per annum on the amount of Rs.13,799/- from the date of this order till its realization. The complainant shall also be entitled to a sum of Rs.5000/- in lump sum as compensation for the mental harassment caused to the complainant and the litigation expenses. The Ops are further directed to make the compliance of this order within a period of 30 days failing which the complainant will also be at liberty to initiate proceedings under Section 71/72 of the Consumer Protection Act against the OPs. The complainant shall return the old phone to the OP No.2. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the record-room, after due compliance.
Announced in open commission:
Dt.:20.09.2021 (Neelam Kashyap)
President.
(Issam Singh Sagwal), (Neelam)
Member Member.
