Haryana

Karnal

463/13

Dr. Raj Kumar - Complainant(s)

Versus

Shivam Comunication - Opp.Party(s)

Sh. Umed Singh

09 Jul 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                          Complaint No.463 of 2013

                                                               Date of instt.28.11.2013

                                                               Date of decision: 21.07.2015

 

Master Shaswat Minor through his father Dr.Raj Kumar resident of 56/12, Part II, Urban Estate, Karnal.                                                      ……….Complainant.

 

                             Versus

 

1.M/s Shivam Communication Old Char Chaman, Link Road, U.E, Karnal through its owner.

 

2.M/s Bharat Electronics and Communication Shop No.272, Charchaman, Opp.Mahabir Dal Hospital, Link Road, Karnal through its owner.

 

3.Micromax Informatics Ltd. 21/14-A, Phase-2, Naraina Industrial Area, Delhi 110028 through its Managing Director.

                                                           ……… Opposite Parties.

                   Complaint u/s 12 of the Consumer

                   Protection Act.

 

Before          Sh.K.C.Sharma……. President.

                   Smt.Shashi Sharma……Member.

                  

 

 Present        Sh.Umed Singh Advocate for the complainant.

                   None for the Ops.

 

ORDER:   

 

                        This  complaint has been filed by Shaswat minor through is father Raj Kumar u/s 12 of the Consumer Protection Act ( in short Act) on the allegations that  phone Micromax  A-110  was purchased in his name by his father on 1.2.2013 from Opposite Party  ( in short OP)  No.1 vide bill No.11166 for an amount of Rs.11500/-. The said mobile  phone was carrying  one year warranty. However, from the date of   purchase the same started giving charging problem. The complainant took the same to OP No.1 who assured that he would get the same checked from OP No.2, but  being busy the complainant could not visit the OP No.2.  In May, 2013, the complainant visited the OP no.2, which is authorized service centre of OP No.3 and official of OP No.2 repaired the mobile, but after  few days the Mobile set again started giving same problem of  charging. The complainant  again approached the OP No.2 and the officials after examining, told that there was some problem of mother board which was not under warranty. The OP No.2 refused to repair and replace the mobile without any cogent reason. Thereafter, the complainant approached the OP  Nos.1 to 3 for replacement of the mobile phone, but they flatly refused.

 

2.                Upon notice, Sh.Dinesh Chauhan appeared on behalf of OP No.1 and filed memo of appearance and OP No.2 was present in person, but thereafter on 5.2.2013 none appeared on their behalf.  Sh.Dheeraj Sachdeva  Advocate appeared  on behalf of OP No.3 and filed power of attorney, but none appeared on behalf of OP No.3 on 1.7.2015. Therefore, Ops were proceeded against ex parte.

 

3.                In support of the claim the , complainant produced  affidavit of his father Ex.C1 and documents Ex.C2 to Ex.C4.

 

4.                We have heard the  learned counsel for the complainant and have gone through the case file very carefully.

 

5.                The complainant has alleged that Mobile phone Make Micromax A-110   was purchased in his name  by his father on 1.2.2013 from OP No.1. From the first day of purchase, same started giving charging problem. The OP No.2 who was authorized service centre  of the manufacturer  OP No.3 repaired the mobile set in May, 2013, but  after few days , the same problem of charging started. It has further been alleged that the complainant when again approached the OP no.2 , his employees told that there was problem in the mother board but the OP No.2 refused to repair the same saying that mobile was not under warranty. Raj Kumar, father of the complainant in his affidavit has reiterated the allegations made in the complaint. His affidavit regarding purchase of the mobile further finds support from the copy of the bill Ex.C4. During course of arguments, the learned counsel for the complainant further produced the document regarding warranty of one year in respect of the said mobile set. Copy of the  legal notice sent  to Ops has already been produced as Ex.C2 alongwith copies of postal receipt Ex.C3. This evidence of the complainant has gone completely unrebutted and unchallenged and there is no reason to disbelieve the same. Thus, from the evidence on record, it stands established that complainant through his father had purchase one mobile set from the OP no.1 on 1.2.2012 which started giving problem from the very first day and was not repaired by the OP No.2, the authorized service centre of OP No.3 on the pretext that mother board was defective and the same was not under warranty. In this way, there was deficiency in services on the part of the Ops.

 

6.                Therefore, as a sequel to the foregoing discussion, we accept the present complaint and direct the OP No.1 and 3  to replace the mobile set of the complainant  with a new one  and of the same price. The complainant shall also be entitled for a sum of Rs.2200/- towards harassment caused to him and for the legal fee and litigation expenses. The OP No.1 and 3 shall make the compliance of this order within a period of thirty days from the date of receipt of the copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

 

Announced
dated:21.07.2015                                                                            

                                                                (K.C.Sharma)

                                                                   President,

                                                         District Consumer Disputes

                                                          Redressal Forum, Karnal.

                   (Smt.Shashi Sharma)

                             Member.

 

 

Present         Sh.Umed Singh Advocate for the complainant.

                   None for the Ops.

 

                   Arguments partly heard. In the copy of bill, no period of warranty has been mentioned. The learned counsel for the complainant wants to produce document regarding period of warranty. Therefore, the matter is fixed for  16.7.2015 for the same.

 

Announced
dated:14.07.2015                                                                            

                                                                (K.C.Sharma)

                                                                   President,

                                                         District Consumer Disputes

                                                          Redressal Forum, Karnal.

                   (Smt.Shashi Sharma)

                             Member.

 

Present         Sh.Umed Singh Advocate for the complainant.

                   None for the Ops.

 

                   Document regarding  period of warranty filed. For arguments, the case is adjourned to 21.7.2015.

 

Announced
dated:16.07.2015                                                                            

                                                                (K.C.Sharma)

                                                                   President,

                                                         District Consumer Disputes

                                                          Redressal Forum, Karnal.

                   (Smt.Shashi Sharma)

                             Member.

 

Present         Sh.Umed Singh Advocate for the complainant.

                   None for the Ops.

 

                   Arguments heard. Vide our separate order of the even date, thepresent complaint has been accepted. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

 

Announced
dated:21.07.2015                                                                            

                                                                (K.C.Sharma)

                                                                   President,

                                                         District Consumer Disputes

                                                          Redressal Forum, Karnal.

                   (Smt.Shashi Sharma)

                             Member.