BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Complaint Case no.177 of 2015
Date of Institution: 09.10.2015
Date of Decision: 24.4.2017
Gaurav Kumar Sharma, Advocate, Sirsa, Distt. Courts, Sirsa.
………Complainant.
Versus
- Shree Balaji Mobile and Repairing, Near Bus Stand, Ottu, Tehsil Rania, Distt. Sirsa.
- Karbonn Care Centre, Bishnoi Market, Sirsa through its Proprietor/ Authorized person.
- Karbonn Mobile, Jaina Marketing & Associates, D-170, Okhla Industrial Area, Phase-I, New Delhi-110020 (India) through its Authorized/ responsible person.
……… Opposite parties.
Complaint under Section 12 of the Consumer Protection Act, 1986.
Before: SMT. RAJNI GOYAT…………………PRESIDING MEMBER
SH. MOHINDER PAUL RATHEE ……MEMBER.
Present: Sh. Rajeev Sharma, Advocate for complainant.
Sh. R.K. Sharma, Advocate for opposite party No.1.
Opposite parties no.2 and 3 exparte.
ORDER
In brief, case of complainant is that he purchased one mobile set of Karbonn company model Karbonn A1-Lufer from opposite party no.1 for a sum of Rs.3500/- vide invoice No.185 dated 9.10.2014 with one year warranty. After few months of its purchase, there occurred problem of hanging and automatic off and on and the complainant took many rounds to the ops No.1 & 2 for redressal of his grievance but of no avail. Due to act of ops, he has suffered harassment and financial loss. Hence, this complaint.
2. On notice, opposite party no.1 appeared and by admitting the fact that complainant has purchased one mobile make Karbonn company it has been replied that company gives guarantee for its repair or replace etc. and the answering op is not responsible for the same. The complainant never made any complaint regarding defects of his mobile to answering op. It is op no.2 i.e. care centre of the company who used to give service on behalf of complainant in all respect.
3. None appeared on behalf of ops No.2 & 3 and therefore they were proceeded against exparte.
4. In evidence of complainant, his affidavit Ex.CW1/A has been tendered. On the other hand, in evidence of op no.1, affidavit Ex.RW1/A has been tendered.
5. We have heard learned counsel for the parties and have gone through the case file carefully.
6. The complainant has averred that he purchased the mobile in question from op no.1 on 9.10.2014 for a sum of Rs.3500/- and this fact is admitted by op no.1. The complainant has purchased the mobile on 9.10.2014 and has filed the present complaint on 9.10.2015 with alleged defects in the mobile in question. At the time of arguments, the op no.1 agreed to get the mobile repaired and make it defect free without any charges from the complainant. Therefore, all the opposite parties are hereby directed jointly and severally to repair the mobile in question and to make it defect free without charging any amount from complainant within a period of one month from the date of receipt of copy of this order subject to production of mobile set in question by the complainant to the ops, failing which a sum of Rs.3500/- be refunded to the complainant alongwith interest @5% per annum from the date of filing of complaint till actual realization. The present complaint stands disposed of accordingly. Copy of this order be supplied to the parties as per rules. File be consigned to record room.
Announced in open Forum. Presiding Member,
Dated:24.4.2017. Member. District Consumer Disputes
Redressal Forum, Sirsa.
