Haryana

StateCommission

A/1551/2017

M/S OPPO MOBILE - Complainant(s)

Versus

SHREYA - Opp.Party(s)

ADITYA VERMA

27 Jul 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :      1551 of 2017

Date of Institution:      15.12.2017

Date of Decision :       27.07.2018

 

M/s Oppo Mobiles, Head Office, Unit No.651-665, 6^th Floor, JMD Megapolice, Sohna Road, Sector 48, Gurugram-122018 through its Service Manager.

                                      Appellant-Opposite Party No.3

Versus

 

1.      Shreya wife of Akhil Bhargav, resident of House No.35, Kamal Vihar, Ambala City (Haryana).

                                      Respondent-Complainant

2.      M/s Lovely Electronics, 6272/3, Shop No.2, Jain Bazar, Near Pooja Collection, Ambala City (Haryana) through its owner/proprietor.

3.      M/s Apps Daily Solutions Private Limited, D-31337, Oberoi Garden Estates, Chandivali Farm Road, Andheri (E), Mumbai-400 072 through its Insurance Manager.

Respondents-Opposite Parties No.1 and 2

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri Balbir Singh, Judicial Member.                                                                

Present:               Shri Aditya Verma, Advocate for appellant.

                             Shri Akhil Bhargav, husband of Shreya- respondent-complainant  

 

                                                   O R D E R

NAWAB SINGH J.(ORAL)

 

By filing this appeal, Oppo Mobile-opposite party No.3 (for short, ‘manufacturer’) has challenged the order dated November 02^nd, 2018 passed by District Consumer Disputes Redressal Forum, Ambala (for short ‘District Forum’), whereby it directed the manufacturer and opposite party No.1-Lovely Electronics, Ambala City to refund Rs.26,500/- (cost of the mobile handset) alongwith interest at the rate of 9% per annum from the date of filing of complaint till realization to Shreya-complainant jointly and severally with further direction that they had recovery right from Apps Daily Solutions Private Limited-opposite party No.2.

2.      Vide Invoice July 18^th, 2016, the complainant purchased mobile handset of Oppo make from Lovely Electronics, Ambala City-opposite party No.1 for an amount of Rs.26,500/-.  It was insured with Apps Daily Solution-opposite party No.2.  It was alleged by the complainant that the sim tray slot of the mobile hand set was broken.  She handed over the mobile handset to Apps Daily Solutions but the defect was never removed nor the mobile handset was ever returned. 

3.      A perusal of job sheet shows that the sim tray slot of the mobile handset was broken, Back Panel (Plastic/fibre broken), a fact which is not in dispute. So, it cannot be said that there was any manufacturing defect in the mobile handset.  Thus, the District Forum fell in error in directing the manufacturer to pay the price of the mobile handset to the complainant. 

4.      Apps Daily Solutions and Lovely Electronics were proceeded ex-parte before the District Forum.  In view of this, the appeal filed by the manufacturer is accepted and the impugned order qua the manufacturer is set aside.       

5.      The statutory amount of Rs.14,750/- deposited at the time of filing the appeal be refunded to the appellant against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

 

 

Announced 27.07.2018

(Balbir Singh) Judicial Member

(Nawab Singh) President

UK