BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 172 of 2014
Date of Institution : 3.12.2014
Date of Decision : 27.1.2016
Kewal Singh son of Shri Chhinder Singh, r/o village Dhanoor, Tehsil and district Sirsa.
……Complainant.
Versus.
- Simran Optical & Mobiles, Shiv Chowk, Sirsa through its authorized person/proprietor/Manager/Arvinder Sehgal.
- Spice Care Chugh Telecom, M.C.Market, Sirsa through Incharge/Owner/Proprietor.
- Spice Retail Ltd. S Global Knowledge Park, 19A& 19B, Sector 125 Noida through Managing Director/Authorized person.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SMT.GURPREET KAUR GILL……PRESIDING MEMBER.
SHRI RAJIV MEHTA ……… MEMBER.
Present: Sh.A.S.Kaura, Advocate for the complainant.
Opposite parties no.1& 2 already exparte.
Sh.R.K.Mehta, Advocate for Opposite party no.3.
ORDER
In brief, the complainant purchased one mobile set Make Spice Model MI504 bearing IMEI No.911353101290303 from opposite party no.1 for total consideration of Rs.5900/- vide bill no.2773 dt. 6.4.2014, with one year guarantee against defect of any kind. After few days of its use, the mobile set become defective as the display gone out of order and stopped its functioning. The complainant alongwith his brother approached to Op no.1, who after checking, assured the complainant that he will get replaced the mobile set at his own level and asked him to visit within 15 days and take the fresh mobile set f same Model. After that period when the complainant visited to Op no.1, then it was told that the mobile set has been sent in the head office of company. Thereafter, the Op no.1 several times put off the complainant on one pretext and the other and failed to redress the grievance of complainant. Hence, the present complaint for a direction to the opposite parties, either for replacement of the mobile set with new one or to refund its price of Rs.5900/-, with interest upto date, besides damages for harassment, mental tension etc. and litigation expenses.
2. On notice, Opposite party no.3 contested the case by filing separate reply, whereas Opposite parties no.1 and 2 were proceeded exparte vide order dt. 12.3.2015 as none appeared on their behalf. In its reply, Op no.3 pleaded that as the complainant has failed to attach copy of invoice, so he is not ‘consumer’. OP no.1 is not its an authorized retailer. Moreover, if there was any defect in the handset then the complainant should have to approach to the authorized service centre for rectification. As per the terms and conditions of the company, if there is any manufacturing defect in the handset within warranty period then service centre will resolve defects without any repairing charges. But, the complainant has not placed on record a single job sheet. The complainant has failed to prove the deficiency of service on the part of answering respondent.
3. In order to make out his case, the complainant has placed on record Ex.C1-his own supporting affidavit; Ex.C2-supporting affidavit of Ajaib Singh; Ex.C3-copy of purchase invoice; Ex.C4 to Ex.C6 and Ex.C9 to Ex.C10-postal receipts; Ex.C7 and Ex.C8-acknowledgements; whereas, the Opposite party no.3 has not led any evidence despite several opportunities including last opportunity and hence, its evidence was closed by court order.
4. We have gone through the record of the case carefully and have heard learned counsel for the parties.
5. There is no reason to dis-believe or dis-credit the aforesaid pleaded case of the complainant, which not only gets full support in corroboration from his own affidavit on record, but also, from the affidavit of Sh.Ajaib Singhco-villager of the complainant and also from various acts and conducts on the part of the opposite parties. In this regard, it is note worthy that opposite parties no.1 and 2 have opted for being proceeded ex-parte. Opposite party no.3, who contested the case has opted not to lead any evidence. As such evidence produced by the complainant remained un-rebutted and believable in total.
6. Case of the complainant that display of the mobile set had gone out of order and stopped its functioning and become a totally dead instrument, has also remained un-replied. The opposite party no.3 has denied the case only on simple ground of non-production of invoice and job sheet etc, whereas the complainant has placed on record the invoice as Ex.C3, perusal of which shows that the complainant purchased the mobile set of Spice company from opposite party no.1 for total sum of Rs.5900/-. It is not believable that any person can fall himself in the false litigation just for some meager amount. Only vague denial is there on the part of opposite party no.3 and vague denial is no denial in the eyes of law. Moreover, Op no.3 admitted in his reply that as per terms and conditions of the company, if there is any manufacturing defect in handset within warranty period then ASC will resolve defects in the handset without any repairing charges and on the other hand replacement can be possible when there is an irreparable defect in the handset. In other words, Op no.3 admitted the warranty given by the company to its consumers.
7. Resultantly, it is proved that Ops sold the defective mobile set to the complainant for which they are liable to replace the same. Accordingly, this complaint is hereby allowed and under the provisions of Section 14(b) and 14(c) of Consumer Protection Act, Ops are directed to replace the mobile set of the complainant with new mobile set of similar description which shall be free from any defect or to return the price of the mobile set i.e. Rs.5900/- to the complainant within a period of Forty five days from the date of receipt of copy of this order, otherwise complainant will be entitled for the relief of interest @ 9% per annum on Rs.5900/-from the date of filing the complaint i.e. 3.12.2014 till actual payment. All the opposite parties shall be jointly and severally liable to comply the order. File be consigned to record room.
Announced in open Forum. Presiding Member,
Dated:27.1.2016. Member. District Consumer Disputes
Redressal Forum, Sirsa.
