BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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Dr.Ritesh Gupta son of Sh.Ramesh Gupta resident of H.No.705, Sector 4, Panchkula.

…..Complainant

                           V E R S U S

1]    Spice Mobiles Ltd., D-1, Sec.3, Noida, U.P. 201301 through its authorized signatory.

2]    Ajay Enterprises, Booth No.11, Sec.11, Panchkula through its Authorized Signatory.

3]    Cyber Electronics (India) SCO 170, Ist Floor, Sec.38-C, Chandigarh through its authorized person.

                                  ……Opposite Parties

CORAM:     SH.RAJINDER SINGH GILL, PRESIDING MEMBER

                   DR.(MRS) MADANJIT KAUR SAHOTA, MEMBER

Argued by:  Sh. Subhash Sharma, Adv. for Complainant.

Sh.Vikas Awasthy, Advocate for OP No.1.

OP No.2 & 3 ex-parte.

PER DR.(MRS) MADANJIT KAUR SAHOTA, MEMBER

            Succinctly put, the complainant purchased a mobile make Spice Model No.D-884 on 10.8.2008 for a sum of Rs.6950/- from OP No.2. The mobile was within a warranty period for one year. On 20.8.2008, the mobile phone became dead and complainant made a complaint to OP No.2, who told the complainant to approach OP No.3. The OP No.3 told the complainant that there is a problem in CDMA and returned the mobile alongwith Job Card No.9 with remarks “CDMA not Working”. The OP No.3 told the complainant that the mobile’s defect will not be removed and advised to replace it and gave an old mobile hand for use till the replacement of the mobile in question. The old mobile set was also faulty set. After that the complainant approached OP No.2 but they put off the matter on one pretext or the other. According to the complainant, the mobile hand set is in the possession of OP No.3 and has some inherent defect. So it needs replacement. Despite repeated requests and legal notice, OPs have failed to replace the same. Hence, this complaint.

2.             Notice was served to the OPs. In their written reply, OP No.1 has pleaded that the complainant has no case against it and the complainant has failed to show any deficiency in service on its part. In these circumstances, the present complaint is liable to be dismissed against it.

3.             OP No.2 in its reply admitted the factual aspect about purchasing the mobile. It is pleaded that complainant never visited their shop after the sale. After filing reply, none appeared for OP No.2 and hence proceeded ex-parte.

4.             OP No.3 did not turned up, hence proceeded ex-parte. 

5.             The parties led evidence in support of their contentions.

6.             We have heard the Learned Counsel for the parties and have also perused the record. 

7.           After perusal of the facts, it has observed and admitted that said mobile set was not in working condition as has been mentioned in the job card of the service centre of OP No.3 of the OPs, so the complaint has need to be allowed. OP No.2 has admitting the fact that mobile set was purchased by the complainant from him only and it is also true that said mobile set was not in working position, which was very much within the warranty period, as is cleared from the job card dated 30.7.2009 annexure C-3 given by OP No.3 the service centre of OP No.2.

8.           From the facts and circumstances of the case and the documents placed on record by the complainant, it has a clear indicator that OPs are liable to rectify the defect in the mobile set to the entire satisfaction of the complainant. The complaint is allowed.  The OP No.3 has been directed to make the said mobile set functional to the entire satisfaction of the complainant. If it is not repairable or cannot be made functional, then it is the joint and several responsibility of OP No.2 as well as OP No.1 to either replace the mobile set or refund the amount of the mobile set, within 30 days from the date of receipt of this order. The OPs are also directed to pay jointly or severally Rs.2500/- as harassment as well as mental agony to the complainant and Rs.1100/- as the litigation costs.     

9.           Certified copies of this order be sent to the parties free of charge.  The file be consigned.