BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM BHIWANI.

                                                                      Complaint No. 245 of 2014.

                                                                      Date of Instt  25.8.2014.

                                                                      Date of Order  10.3.2015.

Gaurav Garg son of late Shri Sajjan Kumar  resident of village Jeendian  Halu Bazar  Bhiwani  tehsil and district Bhiwani.

 ….…. Complainant

                              Versus

1. Sunny Mobile World Dealer Micromax  51  Adarsh College Market  Hansi Gate  Bhiwani  through Prop. Partner.

1. Managing Director  Micromax Corporate Office H.No.697 Udyog Vihar Phase 5 Gurgaon.

1. Sandee Enterprises Micromax Authorized Service Centre Circular Road Near Meham Gate Bhiwani through Manager.

 …….Respondents.

               COMPLAINT UNDER SECTION 12 OF THE

               CONSUMER PROTECTION ACT  1986.

Before          Shri B.D.Yadav  President.

                    Shri Balraj Singh  Member

                    Smt. Anita Sheoran, Member

Present   Shri S.L.Jangra  Adv. for complainant.

                Respondents ex parte.

ORDER

                    In brief, the grievance of the complainant is that he had purchased one Handset of Micromax Company for a sum of Rs.10000  vide bill No. 3415 dated 28.10.2013  from respondent No.1 manufactured by respondent No.2. It is alleged that soon after purchase the Hand Set became defective within warranty period and complaint was lodged with respondents. The complainant visited the service centre of respondent company several times and requested to repair the same but it flatly refused to do the needful. The respondents did not repair the Hand Set hence the complainant is deprived of use of the Hand Set and suffered a loss. Now the complainant has claimed the replacement of the Hand Set along with compensation and costs by way of filing present complainant.

2.                Despite service, respondents did not appear hence they were proceeded against ex parte vide orders dated 6.1.2015 and 5.3.2015 respectively.

3.                The complainant has filed his duly sworn affidavit in his evidence to prove his respective version. 

4.                 We have heard the complainant at length.

5.                 Complainant has argued that Hand Set was purchased from respondent No.1 vide Annexure C1  the Photo state copy of bill. A perusal of complaint and Annexure C2  Photo stat copy of Legal Notice reveals that the Hand Set of the complainant became out of order within warranty period. The version of the complainant is supported by an affidavit. The surrounding circumstances also suggest that the Hand Set suffers from manufacturing defect for which respondents are liable.  The respondents have failed to rebut the version of complainant and also failed to appear to controvert the stand taken by complainant which has been supported by an affidavit.  Therefore the complaint of the complainant is accepted with costs and respondents are directed

1.       To replace the Hand Set with new one or to refund the cost along with interest  12 % per annum from the date of filing of this complaint till its final realization.

          2.       To pay Rs. 2200  as litigation charges.

          The compliance of the order be made within 45 days from the date of receipt of certified copy of the order.  Certified copies of this order be sent to the parties free of costs.  File be consigned to the record room  after due compliance.

Announced in open Forum.

Dated  10.3.2015.                                        

President

                                                            District Consumer Disputes

                                                            Redressal Forum Bhiwani.

(Balraj Singh)        (Anita Sheoran)

Member.                Member.