Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 196.
Instituted on : 22.04.2019.
Decided on : 04.08.2020.
Rajesh, aged 40 years son of Shri Kawal Singh, resident of House No.669/31, Gali No.1, Ambedkar Colony, Rohtak.
………..Complainant.
Vs.
- Royal Communication, Jivi Mobiles Service Centre, Chotu Ram Chowk, Opposite Durga Medicine Market, Rohtak-124001(Haryana) through its Manager.
- Jivi Mobiles, Magicon Impex Pvt. Ltd., B-1/625, Metro Pillar No.573, Janakpuri, New Delhi-110058, through its Manager Head Office.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. RENU CHAUDHARY, MEMBER.
MS. TRIPTI PANNU, MEMBER.
Present: Shri Dijvijay Singh Jakhar, Advocate for the complainant.
Opposite parties already exparte vide order dated 22.10.19.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Present complaint has been filed by the complainant with the averments that he had purchased a mobile set Model Jivi Revolution T.N.T. for a sum of Rs.3,979/- vide EMEI no.911597800485446 on dated 23.4.2018 through online. After two months, it started giving problems like heating, white display and hanging etc. The complainant deposited the mobile set with the opposite parties but the same was returned to the complainant only after formatting it. The complainant also made a complaint to the opposite party no.1 through e-mail dated 27.3.2019 but not received any reply. The complainant again made a complaint on dated 1.4.2019 but this time also the same was returned by the opposite party no.1 after formatting. Thereafter, complainant complained through e-mails to the opposite party no.2 on dated 03.04.2019, 11.04.2019, 16.04.2019, 22.04.2019 and through notice dated 19.4.2019 but opposite parties did not reply the same. As such, there is deficiency in service on the part of opposite parties. Hence this complaint and it is prayed that opposite parties may kindly be directed to pay Rs.3979/- alongwith interest and also to pay Rs.75,000/- as compensation and litigation expenses to the complainant as explained in relief clause.
2. After registration of complaint, notice was issued to the opposite parties. Opposite party No.1 appeared and made a statement that he is ready to give a new handset to the complainant. Thereafter, the case was fixed for reply but none appeared on behalf of opposite parties. As such opposite party no.1 & 2 were proceeded against exparte vide order dated 22.10.2019 of this Forum.
3. Learned counsel for the complainant in his evidence tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C9 and has closed his evidence on dated 14.2.2020.
4. We have heard learned counsel for the complainant and have gone through material aspects of the case very carefully.
5. After going through the file and hearing the parties it is observed that the complainant had purchased the mobile phone on dated 23.4.2018 vide bill Ex.C1. The complainant contacted the opposite party through e-mail Ex.C2 dated 27.3.2019 and Ex.C4 dated 3.4.2019 for the problems of hang, battery backup and sound problem. The complainant also sent email Ex.C6 to Ex.C9 but his mobile could not repaired by the opposite party no.1 within warranty period. It is also on record that opposite parties did not appear despite service and as such it is presumed that opposite parties have nothing to say in the matter and all the allegations leveled by the complainant against the opposite parties regarding manufacturing defect in the mobile set stands proved. Hence there is deficiency in service on the part of opposite parties and OP No.2 being manufacturer is liable to refund the price of mobile phone after deduction of 50% depreciation on it, as the complainant has used the mobile phone uninterruptedly for 11 months. Moreover, at the time of first hearing, opposite parties were ready to give the new handset and the statement to this effect was given by the opposite party on dated 19.06.2019 but the same was not responded by the complainant.
6. In view of the facts and circumstances of the case, complaint is allowed and we hereby direct the opposite party No.2 to refund the price of mobile set(Rs.3979/-) after deducting 50% depreciation i.e. to pay Rs.1989/-(Rupees one thousand nine hundred and eighty nine only) alongwith interest @ 9% from the date of filing of present complaint till its realisation and shall also pay a sum of Rs.1500/-(Rupees one thousand five hundred only) as compensation on account of deficiency in service as well as litigation expenses to the complainant within one month from the date of decision. However, complainant is directed to hand over the mobile in question to the opposite parties, at the time of making payment by the opposite party No.2.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
04.08.2020.
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Nagender Singh Kadian, President
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Renu Chaudhary, Member.
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Tripti Pannu, Member.
