Haryana

Bhiwani

CC/153/2021

Jitender - Complainant(s)

Versus

Sunny Crocery - Opp.Party(s)

Pardeep Bajar

25 Apr 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

Complaint Case No. : 153 of 2021

                                                  Date of Institution    : 13.08.2021

                                                  Date of Decision     : 25.04.2024

 

 

Jitender Singh son of Sh. Sajjan Singh R/o VPO Talu, Tehsil and District Bhiwani.

                 …Complainant.

 

  Versus

 

1.       Sunny Crockery & Gift Shop, Shop No.51, Adarsh College Market, Hansi Gate, Bhiwani, Tehsil and District Bhiwani through its authorized signatory. 

 

2.       Vivo Service Centre, Opp. Biju Tower, Meham Gate, Bhiwani, Tehsil and District Bhiwani, through its authorized signatory.

 

3.       Vivo Mobile India Pvt. Ltd., Plot No.54, 3^rd Floor, Delta Tower, Sector 44, Gurugram-122003 through its authorized signatory.

 

                                                                                …Opposite Parties

   

COMPLAINT U/S 35 OF CONSUMER PROECTION ACT, 2019.

 

 

BEFORE:     Mrs. Saroj Bala Bohra, Presiding Member.

Ms. Shashi Kiran Panwar, Member.

 

Present:-      Sh. Pradeep Kumar Bajar, Advocate for complainant.

         OPs No.1 to 3 exparte.  

 

ORDER

 

Saroj Bala  Bohra, Presiding Member.

 

1.                 Brief facts of the present complaint are that complainant purchased a mobile phone Vivo Y20A Blue on 18.07.2021 in Rs.11,200/- having one year guarantee. After two days, the mobile started giving problems viz. battery charging, youtube and meet applications problems which affected its performance a lot.  So, Op was approached, they did some repairs but it could not be rectified properly. Legal notice dated 27.07.2021  was served upon the OPs but of no use.  Hence, the present complaint has been preferred alleging deficiency in service seeking directions against OPs  to handover new phone (other model) or to pay Rs.11,200/- alongwith interest, further to pay Rs.20,000/- as compensation besides Rs.22,000/- towards litigation expenses. Any other relief to which this Commission deems fit has also been sought.

2.                 OPs did not bother to appear despite issuance of notice. As such, OPs No.1 & 3 were proceeded against exparte vide order dated 31.10.2022 whereas OP No.2  on 14.03.2024.

3.                 In exparte evidence of complainant, affidavit Ex. CW1/A alongwith documents Ex. CW-1 to Ex. CW-4 were tendered and closed the evidence.

4.                 We have heard learned counsel for complainant and perused the record minutely.

5.                 Complainant in order to prove purchase of the mobile phone has placed on record its purchase bill (Annexure CW-1) which reveals the cost of mobile phone as Rs.11,200/- and it was purchase on 18.07.2021.  E-mail record (Annexure CW-4) and Legal notice (Annexure CW-2) version of which corroborated with affidavit Ex. CW1/A reveals that the mobile in question became defective within its warranty period but the defect could not be repaired by the OPs. In view of the documents referred above as well as the fact that Ops did not defend their case as they remained exparte from the proceedings despite issuance of notices.  In such a situation, we have no option except to believe the version of complainant. Accordingly, we are of the view that the OPs were negligent, deficient in providing proper services to the complainant as well as has adopted unfair trade practice which dragged the complainant into this unwarranted litigation which must have caused monetary loss as well as mental and physical harassment to him.  Accordingly, the complaint is allowed and OP No.3 is directed to comply with the following directions within 40 days from the date of passing of this order:-

(i)       To refund Rs.11,200/- (Rs. Eleven thousand two hundred) to the complainant alongwith simple interest @ 9% per annum from the date of filing of this complaint till actual realization subject to return of the mobile phone in question by complainant.

 

(ii)      To pay a sum of Rs.5000/- (Five thousand) to the complainant as compensation for harassment.

(iii)     Also to pay a sum of Rs.5000/- (Rs.Five thousand) as litigation expenses.

                    In case of default, the OP No.3 shall liable to pay simple interest @ 12% per annum on all the aforesaid awarded amounts for the period of default. If this order is not complied with, then the complainant shall be entitled to the execution petition under section 71 of Consumer Protection Act, 2019 and in that eventuality, the opposite party may also be liable for prosecution under Section 72 of the said Act which envisages punishment of imprisonment, which may extend to three years or fine upto rupees one lac or with both.  Certified copies of this order be sent to parties concerned, free of costs, as per rules. File be consigned to the record room, after due compliance.                                

Announced.

Dated:25.04.2024