BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Complaint Case no. 81 of 2016
Date of Institution: 18.3.2016
Date of Decision: 6.2.2017
Shyam Sunder son of Sh. Rajenderpal, resident of village Dadu, Tehsil Kalanwali, District Sirsa.
………Complainant.
Versus
1. Shree Satyam Mobiles, Sadar Bazar, Sirsa.
2. Mahadev Mobile Care, Begu Road, Sirsa.
3. OPPO Mobile Head Office, 2nd Floor, Vatika Business Park, Sohna- Gurgaon road, Sec.49, Gurgaon, Haryana- 122001.
……… Opposite parties.
Complaint under Section 12 of the Consumer Protection Act, 1986.
Before: SHRI S.B.LOHIA…………………PRESIDENT
SHRI RANBIR SINGH PANGHAL ……MEMBER.
Present: Ms. Jyoti Batra, Advocate for complainant.
Sh. H.S. Raghav, Advocate for opposite party No.1.
Sh. M.L. Aggarwal, Advocate for opposite parties No.2 & 3.
ORDER
In brief, case of complainant is that on 1.11.2015 he had purchased one mobile OPPO A33F (Neo7) from the opposite party no.1 for an amount of Rs.10,000/- and op no.1 had issued the bill to him. There was problem of hanging in the mobile since the date of its purchase due to which on 2.11.2015 he handed over the mobile to op no.2 for repair and op no.2 assured him to repair the mobile. For the first time, the mobile was handed over to him after change of software but it was not working and he again visited op no.2 upon which op no.2 stated to replace the chip card but despite that problem was not resolved and he visited op no.2 for third time and at that time mobile was given after reset. The complainant visited op no.2 for fourth time regarding problem in mobile and at that time some file was downloaded but to no effect. Thereafter, when he visited op no.2, the mobile was opened for repair and hardware were changed but despite that problem was not resolved. In this way the complainant has made 10/12 rounds to op no.2 but mobile has not been handed over to him in working condition. Hence, this complaint.
2. On notice, op no.1 appeared and replied that op no.1 sells the mobiles of reputed companies at minimum margins and sells the mobiles in sealed conditions and op no.1 is not responsible for any defect in the mobile in question.
3. Ops No.2 & 3 have replied that first time complainant visited the office of op no.2 on 2.3.2016 with complaint of restart vide job sheet No.OPFHR008160302J176. The op no.2 changed the mother board of mobile on 3.3.2016 and thereafter he never visited again in the office of answering ops.
4. The complainant has tendered his affidavit Ex.CW1/A, copy of bill Ex.C1, copy of visiting card of op no.2 Ex.C2, copy of job card Ex.C3, copy of bill of memory card Ex.C4. On the other hand, ops tendered affidavit of op no.2 Ex.RW1/A, copy of job card Ex.R1 and annexure R2.
5. We have heard learned counsel for the parties and have gone through the case file carefully.
6. It is proved on record that complainant purchased the mobile in question from op no.1 for a sum of Rs.10,000/- on 1.11.2015 as is evident from copy of bill Ex.C1. According to the complainant, there was problem of hanging in the mobile in question since the date of its purchase and he has made several rounds to the care center i.e. op no.2 but the mobile did not work properly despite changing of memory card, software and its hardware. The complainant has placed on file copy of job card dated 2.3.2016 Ex.C3 in which problem of hang in facebook was raised by the complainant. From the material on file, it is not proved that mobile is having manufacturing defect and the opposite parties are liable to remove the problem in the mobile in question after necessary repairs and replacement of defective parts, if any free of costs as replacement of mobile/ refund of price of mobile cannot be ordered if same can be repaired.
7. Keeping in view the facts and circumstances of the present case, we allow the present complaint with the direction to all the ops to repair the mobile in question and to make it defect free after replacement of defective parts, if any free of costs within a period of one month from the date of receipt of copy of order. It is further made clear that in case the mobile is not repairable, then the ops will replace the same with new one of same price and description. A copy of this order be supplied to the parties free of costs. File be consigned to the record room after due compliance.
Announced in open Forum. President,
Dated:6.2.2017. Member. District Consumer Disputes
Redressal Forum, Sirsa.
