DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,<br /> BATHINDA (PUNJAB)<br /> <br /> CC.No.209 of 21-08-2009<br /> Decided on: 13-10-2009<br /> Sanjay Wagh, quarter No. P-160/03, Basant Bagh Enclave (Near Power House) P.O. Bathinda, Cantt Bathinda.<br /> ……….Complainant.<br /> Versus<br /> <br /> Shri Kamal & Gini, Arora Music Time & Mobile Centre, 17, PRTC Market, Court Road, Bathinda.<br /> ……..Opposite party.<br /> <br /> Complaint under section 12 of<br /> the Consumer Protection Act, 1986.<br /> <br /> Present:-<br /> For the complainant : Sh. Sanjay Wagh, complainant in person.<br /> For the opposite party : Sh. Kamaljeet Singh, Prop. of opposite party in <br /> person.<br /> QUORUM<br /> <br /> Sh. George, President.<br /> Sh. Amrajeet Paul, Member.<br /> Dr. Phulinder Preet, Member.<br /> <br /> ORDER<br /> <br /> GEORGE, PRESIDENT:-<br /> <br /> 1. The present complaint has been filed by the complainant under Section 12 of the Consumer Protection Act, 1986 (here-in-after referred to as ‘Act’) with allegations against the opposite party that he had purchased a Duel Sim Mobile Handset iNTEX IN-3060 from opposite party on dt. 9.7.2009 for Rs. 7,500/- under exchange compromise scheme, i.e. Rs. 3,500/- cash and Rs. 4,000/- towards the cost of his exchanged LG Handset Rs 4,000/-. When he purchased the said mobile handset, he was assured by the opposite party that this set is compatible with the lot of features including INTERNET CONNECTION whereas after purchase, he came to know that it was a old and used handset by the opposite party as the carton packing containing the handset was not intact/sealed and it was already opened. Opposite party promised that this set is new one. He is a old customer and he believed him, he took the mobile set, but the working of the same was not found to be satisfactory as infact, it was used and old mobile set and he has been cheated by the opposite party. However, neither both the internet connection could be connected on the handset nor on the pc/laptop. He approached the Vodafone Ltd. and the BSNL Ltd. and both the agencies after checking the handset remarked that the mobile hand set is faulty. The handset was sold to him by opposite party at a very high price, as compared to the other shopkeepers’ prices. He was told by Midha Telecom, Amrik Singh Road, Bathinda, the cost of handset Rs. 2,700/-, The Mobile Store, Dhobi Bazar, Bathinda Rs. 2,650/-, Friends Electrnics, Subhash Market, Bathinda Rs. 2,800/- and Kansal Telecom, PRTC Market, Bathinda Rs.2,800/-. He made personal visits and also telephonic requests to opposite party to revert the excess amount but the opposite party not only refused to exchange the handset but also refused to revert the excess amount charged from him. He has claimed refund of Rs. 4,700/- excess charged by the opposite party along with compensation to the tune of Rs. 25,000/- towards mental trauma/psychological harassments and inconvenience etc. along with litigation expenses.<br /> <br /> 2. Opposite party contested the allegations and raising preliminary objections that the complainant has not come to Court with clean hands. The complaint has been filed with ulterior motive and malafide intention. The complainant has paid only Rs. 1,200/- in cash in this way, the said mobile hand set was purchased by the complainant only for Rs. 3,500/- as Rs. 2,000/- were adjusted in exchange of old mobile handset of the complainant and complainant also purchased one G1GB Memory Card of Rs. 300/-. The MRP of mobile handset is Rs. 4,000/-.<br /> <br /> 3. Complainant in order to prove the allegations, brought on the record his own affidavit dt. 02.02.2009 Ex.C-1; photo copy of bill dt. 09.07.2009 Ex.C-2 and photo copies of quotations received from various other dealers Ex.C-3 to Ex.C-6.<br /> <br /> 4. To controvert the evidence of the complainant, opposite party filed his affidavit dt. 16.09.2009 Ex.R-1 and also brought on the record, affidavit of Sh. Jodha Singh son of Sh. Joginder Singh dt. 30.09.2009 Ex.R-2; copy of certificate Ex.R-3; photo copy of retail Invoice No. 136 dt. 11.07.2009 Ex.R-4 and photo copy of rate list of mobiles Ex.R-5.<br /> <br /> 5. We have heard the complainant as well as opposite party in person and perused the record of the case carefully.<br /> <br /> 6. Complainant in his affidavit Ex.C-1 has reiterated all the facts. He has narrated in his complaint, the bill Ex.C-2 reveals that opposite party sold the said mobile handset i.e. INTEX-3060 for an amount of Rs. 3,500/- to the complainant on 09.07.2009 whereas the quotations from other dealers of the same handset brought on the record by the complainant which are Ex.C-3 to Ex.C-6 reveal that the cost of the handset was ranging between Rs. 2,600/- to Rs. 2,800/- whereas admittedly, the opposite party has charged an amount of Rs. 3,500/- for the said handset. Opposite party has brought on the record retail Invoice Ex.R-4 which reveals that mobile handset was sold by Jai Durga Enterprises for Rs. 2,750/- and price list of Jai Durga Enterprises of different types of mobile shows that the dealer price of the said mobile handset of Rs. 2,750/-. Meaning thereby that opposite party of under circumstances for charged and excess amount of more than Rs. 600/- from complainant which amount to unfair trade practice and also deficiency in service. <br /> <br /> 7. We accordingly proceed to direct, the opposite party to return the amount i.e. 3,500/- to the complainant and complainant on receive of said amount will return the said mobile handset to opposite party. Opposite party shall also liable to pay compensation to the tune of Rs. 5,000/- on account of mental trauma, harassment and inconvenience etc., he has suffered due to the personal visits to the shop/mobile companies etc. Opposite party shall also liable to pay litigation expenses to the tune of Rs. 2,000/-.<br /> <br /> 8. The compliance of this order be made within 45 days from the date of receipt of copy of this order.<br /> <br /> 9. The copy of this order be sent to the parties concerned free of cost and file be indexed and consigned.<br /> <br /> Pronounced (GEORGE)<br /> 13.10.2009 PRESIDENT<br /> <br /> (AMARJEET PAUL)<br /> MEMBER<br /> <br /> (DR. PHULINDER PREET)<br /> MEMBER<br /> <br /> <br />