BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 223 of 2015
Date of Institution : 14.12.2015
Date of Decision : 1.3.2016
Sukhmeet Singh Sethi, M/s Sethi Gun House, Shop no.16, Janta Bhawan Road, Sirsa and 26, B-Block, Sirsa.
……Complainant.
Versus.
- Sundram Infotech-BOMVUL Building No.A-5, Shree Ganesh Compound, Behind Gupta Compound, Village Gondiwali, Mankoli Naka, Bhiwandi, Distt. Thane.
- Snap Deal, Jasper Infotech Pvt. Ltd., 401, Fourth Floor, Corporate Arena, DP Piramal Road, Behind Mahindra Garden Goregaon (West), Mumbai, Second Address: Fremont Terraces, 3580, 3rd Floor, 13-G, Main Road 4th Cross, Indra Commercial Complex, New No.73, 2nd Floor, Arcot Road, Kodam Bakkam, Chennai (TN) help @ snapdeal.com. …..(Op given up vide order dt.1.2.2016).
- MPS Telecom Pvt. Ltd., D-55, First and Second Floor, Okhla Indl. Area, Phase-I, New Delhi, nd Floor, Industrial Estate, Guindy, Chennai (TN),
- Shree Sai Enterprises, shop no.66, Bishnoi Market, Sirsa, now at Old Civil Hospital Complex, Sirsa.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SMT.GURPREET KAUR GILL……PRESIDING MEMBER.
SHRI RAJIV MEHTA ……… MEMBER.
Present: Shri A.S.Kalra, Advocate for complainant.
Opposite parties no.1,3,4&6 exparte.
Opposite parties no.2&5 given up vide order dt.1.2.2016.
ORDER
In brief, complainant’s case is that all the abovesaid opposite parties in connivance with each other are inducing the public at large by way of advertising the HTC Desire 816 G Dual Sim product with intention to cause harmful loss to public at large and for their own wrongful gain by violating the principle of utmost good faith deliberately and malafidely by adopting unfair trade practice, acting in deficient manner, delivered a defective product manufactured, sold and advertised by the opposite parties through seller i.e. Op no.1, transmitted, published, marketed and manufactured by respondents vide item code 022635 order no.3811809100 IMEI No.355702060365808, S/N LC49WYE56921 vide invoice no.S63A1E/14-15/5029 dt. 6.12.2014 for Rs.16900/-.
2. Since the date of purchase, complainant is humiliated and harassed by the respondents despite a written apology and information vide mail dt. 19.1.2015 for direct credit of the amount of the invoice in the customer a/c by bank on or before 31.1.2015 but nothing has been done except a false and frivolous assurance in order to justify the fraud, cheating and breach of trust committed with him and HTC Care Centre i.e. Op no.6 working for on behalf of all the Ops make him payment of the set. Even legal notice was also sent to the respondents through e mails but in vain. Hence, the present complaint for replacement or refund of amount of Rs.16900/- alongwith interest and for compensation for harassment, humiliation and litigation expenses etc.
3. On notice, none appeared on behalf of opposite parties and thus, opposite parties no.1, 3, 4 & 6 were proceeded exparte whereas opposite parties no.2 and 5 given up by the complainant.,
4. In order to make out his case, the complainant has placed on record Ex.C1-his own supporting affidavit; Ex.C2 and Ex.C3-HTC Care service reports; Ex.C4- retail invoice; Ex.C5-legal notice; Ex.C6-notice through e.mail.
5. We have gone through the record of the case carefully and have heard learned counsel for the complainant
6. It is admitted fact that the complainant had purchased HTC Desire Blue 816G Dual Sim product through invoice No. S63A1E/14-15/5029 Ex.C4 on dt. 6.12.2014 for sum of Rs.16900/- on cash payment. During the warranty period since on the date of purchase, complainant is humiliated and harassed by the respondents. The complainant contacted opposite party no.6 Service centre of the company for repair of the defective set. Job service report Ex.C2 on dt. 2.5.2015 remarks and symptom of this report, there is no display according to this report. Again on 18.5.2015 Ex.C3 the complainant contacted the opposite party no.6 for repair due to same condition of the defective set.
7. Opposite parties no.1, 3, 4 & 6 were proceeded exparte whereas opposite parties no.2 and 5 given up by the complainant. As such, none of the opposite parties have come forward to put their version before this Forum. It is clearly established on record that the complainant purchased HTC Blue Dual Sim mobile set from the opposite parties. The complainant sent a legal notice Ex.C5 and g.mails Ex.C6 to Ex.C8 through his counsel Sh.A.S.Kalra Advocate to the opposite parties.
8. The opposite parties failed to appear before this Forum and proceeded exparte. As such no version on behalf of Ops has been filed in this case. In these circumstances, it can be said that the Ops have nothing to deny the claim of the complainant. We have no reason to disbelieve the unrebutted evidence of the complainant. In our view, Ops have adopted unfair trade practice for the purpose of promoting the sale in representing that the articles of a particular standard, quality and quantity, whereas the truth is otherwise as happened with the complainant in this case.
9. Accordingly, we held the Ops guilty under Section 2(f) 2(g) and 2® of the Consumer Protection Act 1986 as amended upto date for adopting unfair trade practice for sale of the defective set.
10. For the reasons and findings recorded above, we accept the present complaint with cost of Rs.2000/- and direct the Ops no.1,3,4&6 to refund Rs.16900/- price of the mobile set within one month from today, failing which the complainant would be entitled to interest @ 9% per annum on the said amount from the date of filing of this complaint i.e. 14.12.2015 till payment. The opposite parties no.1,3,4&6 are jointly and severally liable for compliance of this order. Copy of this order be supplied to the parties free of cost. File be consigned to record room after due compliance.
Announced in open Forum. Presiding Member,
Dated: 1.3.2016. Member. District Consumer Disputes
Redressal Forum, Sirsa.
