DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II U.T. CHANDIGARH Complaint Case No.: 669 of 2009 Date of Inst:11.05.2009 Date of Decision:10.06.2010 Mr.Kapil Dev son of Sh.Parkash Chand r/o H.No.359, Ground Floor, Sector 44-A, Chandigarh. ---Complainant V E R S U S 1. Salora International Limited, SCO No.206-207, 2nd Floor, Sector 34-A Chandigarh through its Manager. 2nd Address: SCO 327-328, Sector 40-d, Chandigarh through its Manager. 3. Standard Teletronics, Show Room No.1049, Sector 22-B, Chandigarh. ---Opposite Parties QUORUM SHRI LAKSHMAN SHARMA PRESIDENT SHRI ASHOK RAJ BHANDARI MEMBER PRESENT: Sh.Sanjay Kumar, Advocate for complainant. OPs exparte. PER LAKSHMAN SHARMA, PRESIDENT Mr.Kapil Dev has filed this complaint under section 12 of the Consumer Protection Act, 1986 praying therein that OPs be directed to :- i) Pay the price of the mobile set along with interest. ii) Pay a sum of Rs.50,000/- as compensation for mental agony and harassment. iii) Pay litigation expenses. 2. In brief, the case of the complainant is that he purchased a second hand mobile set from Sh.Manvir Singh who had purchased the new set for Rs.20,200/- from OP-2 on 11.09.2008. The mobile set in question is covered under warranty of one year. According to the complainant, the mobile set was having hanging problem due to which it was not working properly. Therefore, he lodged the complaint bearing No.SESO8CHD24460 on 24.12.2008 with OP-1. On 24.12.2008, the complainant handed over the mobile set to OP-1 vide job sheet (Annex.C-2). According to the complainant, OPs failed to repair the problem of hanging in the mobile set and to return its price since 24.12.08 which amounts to deficiency in service and unfair trade practice on the part of OPs. Thereafter, the complainant served a legal notice upon the OPs but the same was received back with the report “left without address”. In these circumstances, the present complaint was filed seeking the reliefs mentioned above. 3. OPs were duly served but nobody appeared on their behalf either in person or through counsel. Therefore, they were ordered to be proceeded against exparte vide order dated 06.07.2009. 4. We have heard the learned counsel for the complainant and have gone through the entire record including documents, annexures, affidavits etc. 5. Annexure C-1 is the copy of the bill whereby the mobile set in question was purchased by Sh.Manvir Singh for a sum of Rs.20,200/-. The copy of the job card dated 24.12.2008 has also been placed on record. From this document, it is apparent that the handset in question was having hanging problem. The complainant in his affidavit deposed that he had purchased the handset from Sh.Manvir Singh but since the day of its purchase, it is giving problem. He sent the mobile set for repairs to OP-1 but the same was neither repaired nor returned to the complainant despite his repeated requests. OPs have failed to repair the handset and to return the same after its repairs to the complainant. Thus, there is deficiency in service on the part of OPs. 5. In view of the above findings, this complaint is allowed with a direction to OPs to refund Rs.20,200/- to the complainant being the price of the handset in question. OPs are also directed to pay to the complainant a sum of Rs.5000/- as compensation for mental agony and harassment besides Rs.2500/- as costs of litigations. 6. This order be complied with by OPs within one month from the date of receipt of its certified copy, failing which OPs shall be liable to pay Rs.25,200/- to the complainant along with penal interest @ 18% p.a. from date of filing of the complaint i.e. 11.05.2009 till its realization besides costs of litigation. 7. Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room. Announced sd/- 10.06.2010 (LAKSHMAN SHARMA) PRESIDENT cm sd/- (ASHOK RAJ BHANDARI) MEMBER C.C.No.669 of 2009 PRESENT: None. --- Arguments heard in the forenoon session. As per separate detailed order of even date, this complaint is allowed. After compliance file be consigned. Announced. 10.06.2010 Member President
| | MR. A.R BHANDARI, MEMBER | HONABLE MR. LAKSHMAN SHARMA, PRESIDENT | MRS. MADHU MUTNEJA, MEMBER | | 
