Order dictated by:

Sh.S.S. Panesar, President.

1.       Sh.Harminder Singh has brought the instant complaint under section 12 of the Consumer Protection Act on the allegations that  he purchased ZOLO Black Mobile Set from Mobile Junction  Lawrence Road, Amritsar vide bill No.1975 dated 24.8.2015 for a sum of Rs.13,000/- and paid the said amount and as such, the complainant is consumer of the Opposite Parties. Opposite Party No.3 represented that he is a dealer of Opposite Party No.2 and also allured the complainant to get the insurance policy and as such, the complainant paid Rs.1199/- for the insurance and the mobile in dispute was  insured  vide policy No.24734864 and  this is also mentioned on the cover issued by Opposite Party. On 12.8.2016, the complainant slipped in his house and at that time, his mobile was with him and due to this, display/ touch of the Mobile Set in question was broken.  Thereafter, the complainant made complaint No.1608123966 to Opposite Parties  on 12.8.2016 and requested to repair the Mobile Set in dispute as it was under guarantee.  The Opposite Parties  assured that they will repair the Mobile Set in dispute, but they did not do so. Now the Opposite Parties  used to say that they have rejected the claim of the complainant, but till date, no repudiation letter was ever received by the complainant. The above said act of the Opposite Parties  amounts to negligence and deficiency in service and have also caused mental pain, agony and harassment to the complainant. Due to the acts and deeds of the Opposite Parties, the complainant has suffered a lot of harassment, mental pain, agony, tension and such an act on the part of the Opposite Parties, amounts to a great negligence, carelessness, deficiency in service and unfair trade practice. The  complainant has prayed for the following relief  through the instant complaint.

a)       Opposite Parties  be directed to repair the Mobile Set in dispute of the complainant immediately.

b)      A compensation of Rs.20,000/- on account of mental pain, agony and harassment suffered by the complainant may also be granted in his favour and against the Opposite Parties.

c)       Any other relief to which they are found entitled under the law and equity may also be granted in his favour and against the Opposite Parties.

Hence, this complaint.

2.       Upon notice, Sh.Sanjit Singh, Advocate appeared on behalf of Opposite Parties No.1 and 2. But however, none appeared on behalf of Opposite Party No.3, hence Opposite Party No.3 was ordered to be proceeded against exparte vide order dated 27.10.2016. On the other hand, despite availing several opportunities, Opposite Parties No.1 and 2 failed to file written version despite lapse of 45 days, hence Opposite Parties No.1 and 2 have forfeited their right to file written version.    

3.       In his bid  to prove the case, complainant tendered  his duly sworn affidavit Ex.C1 in support of the allegations made in the complaint and also produced copy of application Ex.C2, copy of mobile insurance claim form Ex.C3, copy of cancelled cheque Ex.C4, copy of bill dated 24.8.2015 Ex.C5, copy of price tag Ex.C6, copy of print out of SMS Ex.C7 to Ex.C9 and  closed the evidence.

4.       We have heard the complainant and ld.counsel for Opposite Parties No.1 and 2 and have carefully gone through the evidence on record.

5.       From the perusal of the evidence on record, it becomes evident that the complainant purchased ZOLO Black Mobile Set from Mobile Junction  Lawrence Road, Amritsar i.e. Opposite Party No.3 vide bill No.1975 dated 24.8.2015 for a sum of Rs.13,000/-, copy of bill accounts for Ex.C5. The complainant got the Mobile Set in dispute insured   from Opposite Parties vide policy No.24734864 and paid Rs.1199/- for the insurance. It is  contended that  on 12.8.2016, the complainant slipped in his house while he was having Mobile Set in dispute in his hand and due to  this, the display/ touch of the Mobile Set in question was broken.  Thereafter, the complainant made complaint No.1608123966 to Opposite Parties  on 12.8.2016, copy of complaint accounts for Ex.C6 and requested to repair the Mobile Set in dispute as it was under guarantee. The complainant also lodged the claim regarding the defect of the Mobile Set in dispute with Opposite Parties, copy of claim form is Ex.C3. Thereafter, the Opposite Parties  assured the complainant  that they will repair the Mobile Set in dispute, but till date no needful has been done. Admittedly, the Mobile Set in dispute was having one year warranty by service  centre, as mentioned in the bill Ex.C5 itself and the Mobile Set in dispute has been  broken within the warranty period because  it was purchased on 24.8.2015 and the same was broken on 12.8.2016. It was the bounden duty of the Opposite Parties  to repair the Mobile Set in dispute to the satisfaction of the consumer, if any defect occurs within warranty period. But however,  the Opposite Parties  have failed to do so despite repeated requests and letters made by the complainant. The evidence produced by the complainant has gone unrebutted on record. In this way, the Opposite Parties have impliedly admitted the correctness of the allegations made in the complaint. It also shows that Opposite Parties  have no defence to dislodge the complaint. In this way,  Opposite Parties  are definitely liable to repair the Mobile Set in dispute to the satisfaction of the complainant without charging any amount since the Mobile Set in dispute happen to be within warranty period.  Consequently, the instant complaint succeeds  and the Opposite Parties are directed to repair the Mobile Set in dispute to the satisfaction of the complainant, without charging any amount, within one month from the receipt of copy of the order, failing which the Opposite Parties  shall   refund the sale price of the Mobile Set in dispute i.e. Rs.13,000/-, to the complainant alongwith interest @ 6% per annum from the date of passing of the order until full and final payment. All the Opposite Parties  are held liable jointly, severally & co-extensively to comply with the order.  The complaint stands allowed accordingly. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.

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