Punjab

Moga

CC/17/28

Ravinder Rana - Complainant(s)

Versus

Supreme Infosys - Opp.Party(s)

Sh. Sunil Jaiswal Advocate

17 May 2017

ORDER

THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MOGA.

 

 

                                                                                      CC No. 28 of 2017

                                                                                      Instituted on: 02.03.2017

                                                                                      Decided on: 17.05.2017

 

Ravinder Rana aged about 50 years son of Sh. Om Parkash Rana, resident of M/s Rana Jewels, Ram Ganj Road, Corner Street, Gali no.3, Moga  94179-53265.

 

                                                                                ……… Complainant

 

Versus

1.       Supreme Infosys, 5A, New Sodhi Nagar, Moga- 142001, through its Proprietor.

 

2.       U.T. Electronics Private Limited, Registered Office, SCO 363-64, Sector 35-B, Chandigarh, through its Manager.

 

3.       Arun Mobile Care, Kotkapura Road, Near Dev Hotel, Opposite Sheranwali Building, Main Bazar, Authorized Mobile Service Centre, through its Manager.  

 

                                                                           ……….. Opposite Parties

 

 

Complaint U/s 12 of the Consumer Protection Act, 1986.

 

 

Quorum:    Sh. Ajit Aggarwal,  President

                   Smt. Bhupinder Kaur, Member

 

Present:       Sh. Sunil Jaiswal, Advocate Cl. for complainant.

                   Opposite parties ex-parte.

 

 

ORDER :

(Per Ajit Aggarwal,  President)

 

1.                Complainant has filed the instant complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as the "Act") against Supreme Infosys, 5A, New Sodhi Nagar, Moga, through its Proprietor (hereinafter referred to as the opposite parties) directing them to deliver new mobile phone in place of defective mobile phone i.e. Gionee V4s 865747022524540-41. Further opposite parties may be directed to pay Rs.50,000/- as compensation on account of mental tension, agony and deficiency in service and Rs.11,000/- as cost of the complaint and opposite parties may be directed to pay interest @ 18% p.a. on the amount of compensation so granted by this Forum or any other relief which this Forum may deems fit and proper be granted.

2.                Briefly stated the facts of the case are that complainant has purchased a mobile make Gionee V4s 865747022524540-41 worth Rs.6,850/- on 30.12.2015, vide bill dated 30.12.2015 from opposite party no.1. The warranty of the said mobile was for one year, which was to be provided by opposite party nos.1 & 2. On 02.12.2016 within the warranty period, the said mobile started giving problem. The complainant approached opposite party no.1 and told about that mobile is not working properly and no application was being downloaded on the said mobile phone. The complainant requested the opposite party no.2 got the problem resolved. Opposite party no.1 asked the complainant to approach opposite party no.3, because he is running authorized service centre. Accordingly, the complainant approached the office of opposite party no.3 on 20.12.2016. On it, opposite party no.3 issued receipt bearing no.1046 dated 20.12.2016 and gave assurance that the mobile phone will be returned within one or two days after getting it repaired/doing needful. Thereafter the mobile was returned to complainant, but it was not working properly. The complainant again visited the office of opposite party no.3 on 28.01.2017 with the same problem, which was earlier lodged on 20.12.2016. Opposite party no.3 again assured the complainant that they will solve the problem, but they failed to get it repaired and the same is lying with opposite party no.3. Actually mobile phone was not repaired by opposite party no.3 on 20.12.2016 and the same was handed over to complainant unrepaired without solving the problem occurred in it with the intention that the warranty period will elapse. The complainant requested so many time to opposite parties to get replaced the mobile phone or to resolve the problem in the same, but nothing was done by opposite parties. The complainant time and again approached to opposite parties for getting back his mobile phone, but they failed to deliver the same as per their assurances. The said mobile phone is manufactured by opposite party no.2. So, all the opposite parties are jointly and severally liable to redress the grievances of complainant. Due to the act of opposite parties, the complainant has suffered mental tension, agony and harassment. Hence this complaint.

3.                Notices of the complaint were sent to opposite party nos.1 to 3, which were duly served. But despite that none had appeared on behalf of opposite party nos.1 to 3. As such, opposite party nos.1 to 3 were proceeded against ex-parte.

4.                In her ex-parte evidence, complainant tendered in evidence her duly sworn affidavit Ex. C-1 and copies of documents Ex. C-2 to Ex. C-5 and empty box of mobile phone Ex. C-6 and closed the evidence.

5.                We have heard the complainant in person and have carefully gone through the record placed on file.

6.                From the appreciation of the evidence on record, it becomes evident that the complainant purchased one mobile i.e. Gionee V4s 865747022524540-41 worth Rs.6850/- on 30.12.2015 from opposite party no.1, vide bill dated 30.12.2015, copy of the same is Ex.C2 on record. There was one year warranty on the said mobile set against any defect. But the said mobile hand set was not in order and not working properly. The complainant approached opposite party no.1, who directed the complainant to approach opposite party no.3. Accordingly the complainant approached opposite party no.3 and handed over the mobile hand set to them against receipt 1046 dated 20.12.2016 at Moga. But the problem was not removed. Complainant again approached to opposite party no.3 on 28.01.2017 with the same problem. Copies of the job sheets are Ex.C-4 and Ex.C-5 respectively. Opposite party no.3 assured the complainant that problem will be removed. But they not only failed to remove the defect in the mobile phone, but also failed to return the same to the complainant. The complainant time and again requested the opposite parties to return his mobile duly repaired, but they failed to deliver the same to complainant and the mobile hand set in dispute is still in the custody of opposite parties.

7.                The evidence adduced by the complainant has gone un-rebutted on record, as the opposite parties, despite due service, did not opt to appear and contest the complaint. The opposite parties thereby impliedly admitted the case of the complainant. The complainant has reiterated the facts stated in the complaint in his duly sworn affidavit Ex.C1. Opposite parties were failed to remove the defect in the mobile phone of the complainant despite several visits of the complainant to them. As such, the complainant is entitled for new mobile hand set of the same make and model from the opposite parties. The act/omission of the opposite parties amounts to deficiency in service.

8.                Consequently, the instant complaint is hereby allowed the complaint in hand is hereby allowed against opposite party no.2 & 3, directed to replace the mobile of the complainant with new one of the same make and model. Further opposite party no.2 & 3 are directed to pay Rs.3000/-(Three thousand only) as compensation on account of harassment and mental agony suffered by the complainant and Rs.2000/-(Two thousand only) as litigation expenses to the complainant. The complaint against opposite party no.1 stands dismissed, as he is only the retailer and used to sale the product as received from manufacturer and any guarantee or warranty on the product is only given by the manufacturer. Compliance of this order be made within one month from date of receipt of the copy of this order, failing which, the complainant shall be entitled to initiate proceedings under Section 25 and 27 of the Consumer Protection Act. Copy of order be supplied to the parties free of costs. File be consigned to record room.

Announced in Open Forum

Dated : 17.05.2017

                                                  (Bupinder Kaur)                       (Ajit Aggarwal)

                                                        Member                                     President