BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.

                                                  Consumer Complaint no. 183 of 2014                                                               

                                                  Date of Institution  :    29.12.2014

                                                 Date of Decision     :    10.4.2015

Jagseer Singh son of Sh.Balbir Singh, resident of village Bajeka, tehsil and distt.Sirsa.

                                                                                …..Complainant.

                                        Versus

1.  Ridhi Sidhi Mobile, Opposite Arya Primary School Sadar Bazar, Sirsa, tehsil and Distt.Sirsa.

2. Harman Distributions, Shiv Chowk, Sehgal Complex, Sirsa M. 85720-36220.

                                                               ……Opposite Parties

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

Before:                   SHRI VINOD JAIN,   PRESIDENT

                              SMT.GURPREET KAUR GILL, MEMBER.

Present:        Sh.V.K.Beniwal, Advocate for the complainant.

                    Opposite parties already exparte vide order dated 24.2.2015.

ORDER

          Complainant Jagseer Singh, vide cash memo dated 14.2.2014 (Ex.C2), purchased one mobile hand set “Zolo Q  1000 OPUS” from “Ridhi Sidhi Mobiles”  i.e. from opposite party no.1, for a sum of Rs.9790/-. It was with warranty of one year. But, during this warranty period, on 21.7.2014, the mobile set stopped charging. At the instance of opposite party no.1, the complainant took it to Harman Distributions, Sirsa  i.e. to opposite party no. 2, who is the Service centre of the company. When he went to service centre, to collect it after repair, the service centre, refused to repair it. They demanded Rs.2000/- to repair it, saying that there was water inside the body

of the mobile set. The complainant, then filed his consumer complaint No.  160/2014, in this Forum, which was dismissed in default on 25.11.2014. The mobile set was not working properly, so he again went to the service centre, number of times, but his mobile handset, could not be brought in working order; hence this new complaint, for a direction to the opposite parties, either for its replacement or for the refund of its price to him, with upto date interest, besides damages for harassment, mental agony etc. and litigation expenses.

2.                 Both the opposite parties were duly proceeded against exparte vide order dated 24.2.2015.

3.                 In order to make out his case, the complainant has placed on record Ex.C1-his own supporting affidavit; Ex.C2-copy of cash invoice dated 14.2.2014, for purchase of the mobile set; Ex.C3 to Ex.C5-copies of his job sheets dated 21.7.2014, 10.11.2014 and 1.12.2014 respectively with the service center.

4.                 Aforesaid pleaded case of the complainant, gets full support and  corroboration, not only from his own supporting affidavit Ex.C1, but also from aforesaid documentary evidence, including as many as three job sheets of the service centre of three different dates, all showing that the mobile hand set, was deposited with complaint of not working properly. It was having problems in its touch system and not charging of the battery. The opposite parties have also opted for being proceeded exparte so inference is against them and in favour of the complainant. Therefore, it is proved that during the period of warranty, the mobile hand set had started showing different problems. During the period of less than 10 months, after purchase, at least thrice, the complainant had to go the service centre, for its repair but to no effect. It shows that there is some inherent defect in the mobile set, sold to the complainant. It is certainly deficiency of service on the part of the opposite parties.

5.                 Resultantly, this complaint is hereby allowed, with a direction to the opposite parties, to replace the mobile hand set, in question within a period of one month, from the date of receipt of copy of this order. For it, the opposite parties during this period shall give written notice to the complainant to collect the replaced mobile set, otherwise, to refund its price of Rs. 9790/- to the complainant with interest @ 10% per annum, from the date of filing of this complaint i.e. 28.12.2014 till payment. Complainant is also hereby awarded compensation of Rs.3000/- for his harassment, mental agony etc. and litigation expenses of Rs.550/-, against the opposite parties.

Announced in open Forum.                                        President,

Dated:10.4.2015.                       Member.      District Consumer Disputes

                                                                      Redressal Forum, Sirsa.

Jagseer Singh  Vs. Ridhi Sidhi Mobile

Present:        Sh.V.K.Beniwal, Advocate for the complainant.

          Opposite parties already exparte vide order dated 24.2.2015.

          Arguments heard. Order announced. Vide separate order of even date, complaint has been allowed with costs. File be consigned to record room after due compliance.

Announced in open Forum.                                     President,

Dated:10.4.2015.                                           District Consumer Disputes

                                                                      Redressal Forum, Sirsa.

                              Member.