DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.

   CONSUMER COMPLAINT NO.20 of 16

                                           DATE OF INSTITUTION: - 18.01.2016

                                                     DATE OF ORDER: -18.05.2016

Kuldeep Goyal aged about 23 years, son of Sh. Krishan Gopal Goyal, resident of Azad Nagar, Gali No. 3, Bhiwani.

           ……………Complainant.

VERSUS

1. Sony India Pvt. Ltd., registered office A-31, Mathura Road, Mohan Cooperative, Industrial Estate, Delhi-110044, through its Regional/Branch Manager.

1. Kuldeep Sharma, Proprietor, Authorized Sony Service Centre, City Mall, near Adrash College, Bhiwani.

1. Proprietor, Jeenu Gift Shop, Hansi Gate, Bhiwani.

………….. Opposite Parties.

COMPLAINT U/S 12 & 13 OF CONSUMER PROECTION ACT

BEFORE: -  Shri Rajesh Jindal, President

                  Smt. Ansuya Bishnoi, Member

Present:-  Complainant in person.

                Ops are exparte.

ORDER:-

Rajesh Jindal, President:

                 Brief facts of the present complaint are that he had purchased a Sony Xperia C-4 Mobile Set Model-E5363 from OP no. 3 vide bill No. 3770 dated 30.07.2015 bearing IMEI No. 35219607-0412143 for Rs. 24,990/- with one year warranty. It is alleged that his handset became defective after about 2 months  from the date of purchase and he approached OP no. 2 for the repairs and deposit the same to OP no. 2 vide job sheet dated 21.09.2015  and he further alleged that the said mobile handset became again and again defective which was deposited by the complainant with OP no. 2 vide job sheet dated 09.10.2015 and 13.10.2015  but the mobile handset was not working properly and the defects pointed out by the complainant should not be rectified.  He submitted that after continuous persuasion, the mobile handset in question was replaced by the Ops on 07.12.2015  but no IMEI number, serial number of mobile handset, serial number of insurance and serial number of battery mentioned in the bill. The complainant further alleged that due to the act and conduct of the Ops he has to suffer mental agony, physical harassment  and financial losses.  Hence, it amounts to deficiency in service on the part of OPs and as such, he has to file the present complaint & prayed for seeking compensation and to provide the fresh bill with IMEI number, serial number of mobile set, serial number of battery as well as fresh insurance of the new mobile set.

2.               OPs no. 1 to 3 have failed to come present.  Hence they were proceeded against exparte vide orders dated 30.03.2016 and 13.05.2016.

3.              In order to make out his case, the complainant has tendered into evidence documents Annexure C-1 to Annexure C-7 alongwith supporting affidavit.

4.              We have heard the complainant in person and perused the record carefully. 

5.              Complainant reiterated the contents of the complaint.  He submitted that his handset became defective after about 2 months from the date of purchase and he approached OP no. 2 for the repairs and deposit the same to OP no. 2 vide job sheet dated 21.09.2015 Annexure C-2 and he further submitted that the said mobile handset became again and again defective which was deposited by the complainant with OP no. 2 vide job sheet dated 09.10.2015 Annexure C-3 and 13.10.2015 Annexure C-4 but the mobile handset was not working properly and the defects pointed out by the complainant should not be rectified.  He submitted that after continuous persuasion, the mobile handset in question was replaced by the Ops on 07.12.2015 vide Annexure C-7 but no IMEI number, serial number of mobile handset, serial number of battery as well as insurance cover  mentioned in the bill Annexure C-7.

6.              The examination of the relevant material on record support the contention of the complainant.  The Ops are bound to give relevant particulars, as mentioned above in the bill.  It seems that the Ops are harassing the complainant without any justification.  Taking into account the facts of the case, we partly allow the complaint of the complainant and direct the Ops to issue fresh bill containing the relevant details i.e. IMEI number, serial number of the mobile handset, serial number of insurance cover etc. to the complainant and the Ops are directed to pay Rs. 3,000/- as compensation for mental agony and harassment to the complainant.  This order be complied with by the Ops within 30 days from the date of passing of this order, otherwise the Ops shall be liable to pay additional compensation of Rs. 1,000/- to the complainant.  Certified copies of the order be sent to the parties free of costs.  File be consigned to the record room, after due compliance.

Announced in open Forum.

Dated: 18.05.2016.                                         (Rajesh Jindal)

                                                                           President,  

                                                                 District Consumer Disputes

                                                                 Redressal Forum, Bhiwani.

(Ansuya Bishnoi)               

                        Member.