Haryana

Kurukshetra

17/2018

Khushinder rana - Complainant(s)

Versus

sharma mobile - Opp.Party(s)

in person

04 Jun 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KURUKSHETRA.

                                                     Complaint Case No.17 of 2018.

                                                     Date of institution: 17.01.2018.

                                                     Date of decision: 04.06.2018.

Khushinder Rana S/o Devinder Sarup Sharma, age 67 years, resident of H.No.2376, Sector-3, Kurukshetra-136118 (Phone:9416175361).

                                                                        …Complainant.

                        Versus

1. M/s. Sharma Mobile Service, Shop Number 131, Sector-3, HUDA Market, Kurukshetra through its owner/proprietor (Phone:8818070008).
2. Sh. Anuj Sharma, owner/proprietor/partner, M/s. Sharma Mobile Service, Shop No.131, Sector-3, HUDA Market, Kurukshetras (Phone: 8818070008).    

….Respondents.

BEFORE     SH. G.C.Garg, President.

                Sh. Kapil Dev Sharma, Member.

       

Present:     Complainant in person.

                Ops exparte.   

               

ORDER

                This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Khushinder against M/s. Sharma Mobile Service and another, the opposite parties.

2.            It is stated in the complaint that the complainant got repaired his mobile set Model YU4711 from the Op No.1 and the Op No.1 charged Rs.150/- on account of repairing cost and did not issue the cash memo.  It is alleged that after some time when the complainant tried to recharge the battery and use of net, same problem was noticed.  It is further alleged that on 12.12.2017 the complainant again approached the Ops and this time, the Ops told the complainant that this is fault of data cable and not of mobile set and they gave a data cable to the complainant and charged Rs.100/- from the complainant.  It is further alleged that the complainant tried to use his mobile set but the same problem occurred again.  The complainant approached the Ops several times but the Ops did not listen the genuine request of complainant.  So, it is a clear cut case of deficiency in service on the part of Ops and prayed for acceptance of complaint with the direction to Ops to issue cash receipt against the amount paid to him and to make the loss good and further to pay compensation for harassment and mental agony as-well-as litigation charges.

3.            Upon notice, the OPs did not appear and opted to proceed exparte vide order dt. 01.05.2018.

4.             To prove his case, the complainant placed on file affidavit and copy of cash memo.    

5.             We have heard the complainant in person and perused the record carefully and minutely.

6.             From the cash memo dt.12.12.2017, it is clear that the complainant purchased the data cable from the Ops for a sum of Rs.100/-  and the Ops gave guarantee of three months of the said data cable.    The grievance of the complainant is that the said data cable did not work within the guarantee period of three months.  The complainant has supported his versions by filing his affidavit and copy of cash memo dt. 12.12.2017.  There is no rebuttal on the part of Ops.  In these circumstances, the complainant is entitled to get the cost of data cable i.e. Rs.100/- and compensation of Rs.500/- for harassment and mental agony.

7.            Thus, in view of our above said discussion, the complaint of the complainant is allowed accordingly and we direct the OPs to pay Rs.600/- i.e. Rs.100/- as cost of data cable and Rs.500/- as compensation for harassment and mental agony.  The order; be complied within a period of 60 days, failing which, penal action under Section 27 of the Consumer Protection Act, 1986 would be initiated against the opposite parties.  Copy of this order be communicated to the parties free of cost.   File be consigned to record after due compliance. 

Announced in open court:

Dt.:04.06.2018.  

                                                                        (G.C.Garg)

                                                                        President.

 

(Anamika Gupta )            

                                        Member