BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Complaint Case no.304 of 2016
Date of Institution: 24.11.2016
Date of Decision: 06.09.2017
Sunil Kumar son of Sh. Om Parkash Gupta, resident of H. No.14/55, Gali Mandir Wali Ram colony, Barnala road, Sirsa. Distt. Sirsa (Haryana) through his father Om Parkash Gupta) authorized by the complainant.
………Complainant.
Versus
1. Ridhi Sidhi Mobile’s opp. Arya School, Sadar Bazar, Sirsa through its authorized person/ proprietor/ Manager etc.
2. Service Zone/ Karbonn Authorized service centre Bishnoi Market, Sirsa through Incharge/ owner/ proprietor.
3. Karbonn Mobile dealer # 39/13 Office 7th Main Hall 2nd stage Appareddy Palya, Indira Nagar, Banglore- 560038 (P) 08040894888 through Managing Director/ Authorized person (E.mail address: ……… Opposite parties.
Complaint under Section 12 of the Consumer Protection Act, 1986.
Before: SH. R.L.AHUJA ………………. PRESIDENT
SMT. RAJNI GOYAT………………… MEMBER
SH. MOHINDER PAUL RATHEE ……MEMBER.
Present: Sh. Vijay Singh Sidhu, Advocate for complainant.
Sh. Vijay Sharma, Advocate for opposite party no.1.
Opposite parties No.2 & 3 exparte.
ORDER
In brief, case of complainant is that complainant purchased one mobile set make Karbonn sparkle V from the opposite party no.1 for a sum of Rs.4990/- vide bill No.8421 dated 26.6.2016 with guarantee of one year. That just after two or three days of its purchase, complainant was shocked to see that mobile set became defective and despite handing over the same to ops no. 1 and 2 the defects could not be removed. That even by changing the battery by the care centre/ shop keeper, the complainant faced huge problems in the mobile set and used to become off within a short period despite fully charged. It is further averred that from the above it is clear that mobile set is under major manufacturing defect and is not repairable and needs to be replaced. That despite repeated requests of the complainant and serving of notice upon ops, the ops have failed to replace the mobile in question with new one. Hence, this complaint.
2. On notice, opposite party no.1 appeared and filed written statement submitting therein that answering op is only seller of the mobile of the company i.e. op no.3. As per terms and conditions of the company, the complainant can avail the remedies only against company. Remaining contents of the complaint have also been denied.
3. Ops no.2 and 3 did not appear despite notices and were proceeded against exparte.
4. The complainant produced his affidavit Ex.C1, copy of bill Ex.C2, copy of notice Ex.C3, postal receipts Ex.C4 to Ex.C6 and authority letter Ex.C7. On the other hand, op no.1 produced affidavit Ex.R1.
5. We have heard learned counsel for the parties and have perused the case file carefully.
6. The perusal of the record reveals that complainant purchased the mobile in question from opposite party no.1 on 26.6.2016 for a sum of Rs.4990/- as is evident from copy of bill Ex.C2. The complainant has alleged defects in the mobile in question within warranty period and has also alleged that problem persisted again and again despite visiting to the service centre of the company and ultimately he has filed the present complaint on 24.11.2016 i.e. within a period of five months of purchase of the mobile in question. The service centre i.e. op no.2 of the company and company i.e. op no.3 have not bothered to appear before this Forum rather opted to be proceeded against exparte. Thus, we have no other option but to rely upon the version of the complainant that there is major manufacturing defect in the mobile in question and same is not repairable.
7. In view of our above discussion, we allow the present complaint and direct the opposite parties to replace the mobile in question with a new of same make and same model within a period of 15 days from the date of receipt of copy of this order or to refund the cost of the mobile i.e. Rs.4990/- to the complainant within one month, failing which the complainant will be entitled to interest @9% per annum from the ops from the date of filing of complaint till actual payment. All the ops are jointly and severally liable to comply with this order. A copy of this order be supplied to the parties free of costs. File be consigned to record room.
Announced in open Forum. President,
Dated:6.9.2017. District Consumer Disputes
Redressal Forum, Sirsa.
Member Member
