Punjab

Hoshiarpur

CC/14/219

Raman Kumar - Complainant(s)

Versus

Sanjay Telecom - Opp.Party(s)

Sh. Vishal Sharma

11 Mar 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM HOSHIARPUR
(3RD FLOOR, DISTRICT ADMINISTRATIVE COMPLEX, HOSHIARPUR)

                            C.C. No.  219/01.10.2014
                                            Decided on :  11.03.2015

Raman Kumar aged 24 yrs. s/o  Baldev Raj r/o New Gobind Nagar Backside Sonalika, Hoshiarpur.
                                    Complainant                        vs.

1.Sanjay Telecom, Shop No, 15, Near Fire brigade office, Railway road Hoshiarpur through its proprietor. 
2.Jaina Marketing and Associates (Karbonn Mobile) D170 Okhla Industrial Area phase-1 New Delhi-110020 through its Manager. 
3.Aggarwal (Mobile Repair) Kotwali Bazar Hoshiarpur through its proprietor.
                                    Opposite parties

 Complaint u/s 12 of the Consumer Protection Act, 1986.

Quorum:    Sh. Naveen Puri,President.
              Mrs. Vandna Chowdhary, Member.
              Mrs. Sushma Handoo,Member. 

Present:      Sh. Vishal Sharma, counsel for the complainant.
             OP No.1 exparte.
             Sh. V.K. Nanda & S.K. Rayat, counsel for the OPs No.2 & 3. 

ORDER 
PER SUSHMA HANDOO, MEMBER
1.          The complainant has filed the present complaint  under Section 12 of the Consumer Protection Act,1986 against Sanjay Telecom and others (hereinafter referred to as OP No.1, OP No.2 & OP No.3 respectively, for short) praying for a direction to the OPs to refund amount of Rs. 6,800/-, cost of mobile and to pay Rs. 90,000/- as damages for inconvenience and harassment suffered by him besides litigation costs.
2.         Briefly stated, the case of the complainant is that he had purchased the mobile make Karbon Model A-35 from OP. No.1 on 21/10/2013 for an amount of Rs. 6,800/ having warranty/ guarantee for one year as also written on the retail invoice.  It is averred that within one month of purchase of mobile, it started problems like hanging and low battery. In the month of April, 2014, there  occurred problems like Touchpad , Auto Switch Off and the camera of the mobile set stopped working. The complainant again approached OP no.1 who sent the complainant to OP no.3 i.e. service centre of the company. The OP no.3 issued the job sheet dated 02.04.2014 and told that the mobile will be returned within 15-16 days. OP no.3 again issued the receipt on 08.05.2014 at back of visiting card. The OP also misbehaved with the complainant and flatly refused to cooperate with him. Thus, there is deficiency in service on the part of OPs.  Hence this complaint. 
3.          Notice was served to OP no. 1 but none has turned up on behalf of it. Hence, OP No. 1 was proceeded exparte.  However,  OP no. 2 & 3 appeared and filed joint written statement. 
4.         Counsel for the OPs No. 2 & 3 has taken the stand that OP no. 2 has no branch office in the territorial jurisdiction of this Forum, hence the complaint is not maintainable. Further, as per the terms and conditions of the warranty, the mobile set of the complainant cannot be replaced as it can only be repaired to the extent of liability as given in warranty with the product. It has been further replied  that there was no major problem in mobile set rather, camera of mobile set was repaired and returned to the complainant upto his satisfaction. 
5.         Both the parties wanted to lead evidence to prove their respective pleadings and proper opportunity was given to them. The complainant tendered in evidence affidavits Ex. C-1, Ex. C-2, visiting card Ex. C-3, Bill Ex. C-4, copy of job card Mark C-5 and closed the evidence.
6.         In order to rebut the evidence of the complainant, the OP Nos.2,3 tendered in evidence affidavit of Ajay Aggarwal, Ex. OP-2,3/1 and closed the evidence. 
7.         We have anxiously considered  the rival contentions in the light of evidence on record.
8.         After going through bill dated 21.10.2013 Mark C-4 it is evident that mobile in question was purchased from OP No.1 at Hoshiarpur so, this Forum has jurisdiction to entertain and decide the matter.  
9.         The complainant has purchased mobile make Karbon Model     A-35 from OP No.1 on 21/10/2013 for an amount of Rs. 6,800/- Mark           C-4 and above said defects in the mobile in question started within warranty period which is supported by document Mark C-5 dated 02.04.2014 in which problem of camera is shown. Further, in the visiting card Ex. C-3 dated 08.05.2014, camera problem is again shown. After going through these documents Ex. C-3 and Ex. C-5 it is reveled that despite visit of the complainant to OP time and again, problem in the mobile phone could not be addressed.
10.         During the pendency of the complaint, on dated 27.02.2015 OP nos. 2 & 3 again repaired the mobile in question and handed over the same to the complainant who sought adjournment for checking the functioning of the phone. On 10.03.2015, counsel for the complainant made a statement with regard to the functioning of the phone as under.-
“Even after the repair/replacement of instruments, no solution in the mobile in question is carved out and the problems like hanging, touch pad, switch off still exist and mobile is not in the working condition.”
11.         In view of our above observations and statement of the counsel for the complainant, we are of the view that defect in the mobile phone started within the warranty and OPs failed to cure the same despite various attempts and mobile phone remained unfunctional which amounts to deficiency in service on the part of the OPs. So, complainant is entitled to the main relief alongwith appropriate compensation and litigation expenses.
12.         As a result of the above discussion, the complaint filed by complainant is partly accepted and the OPs are directed to refund                   Rs. 6,800/-, the cost of Mobile and to pay Rs. 1000/- as compensation and Rs. 1000/- as litigation cost within one month from the date of receipt of copy of this order failing which OPs shall be liable to pay interest @ 9% per annum on the aforesaid amount of 8,800/- from the date of complaint i.e. 01.10.2014 till realization. Copy of the order be sent to the parties free of cost. File be consigned to the record.
Announced. 
     11.3.2015                                (Naveen Puri )
                                                         President 

        (Mrs.Vandna Chowdhary)    (Mrs. Sushma Handoo) 
                Member                            Member 
MK