Haryana

Karnal

CC/177/2016

Bhaskar Sharma S/o Parveen Sharma - Complainant(s)

Versus

Tara Tele & Mobile - Opp.Party(s)

02 Nov 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

                                                               Complaint No.177 of 2016

                                                             Date of instt.: 03.06.2016

                                                               Date of decision:02.11.2016

 

 Bhaskar Sharma son of Shri Parveen Sharma, resident of House no.1857, Sector 13, Urban Estate, Karnal

 

                                                                               ……..Complainant.

                                      Vs.

1.Tara Tele & Mobile, Mela Ram School, Market Sector-12, Karnal.

2. Fortune Infovision Pvt. Ltd. 452/3, Raja Park, Jaipur 302004.

 

                                                                              ………… Opposite Parties.

 

                     Complaint u/s 12  of the Consumer Protection Act.

 

Before                     Sh.K.C.Sharma……….President.

                      Sh.Anil Sharma…….Member.

 

Present:-       Complainant in person.

                     Opposite parties exparte.

 

 ORDER:

 

                        This complaint has been filed by the complainant u/s 12 of the Consumer protection Act 1986, on the averments that he purchased one Mobile set WIIO W15 black for Rs.7441/- from opposite party no.2 vide invoice dated 9.6.2015.. The said mobile carried warranty for one year. After two months of purchase, the mobile set had fallen on floor from him and the touch screen was broken. He approached opposite party no.1 the service centre of opposite party no.2 for change of the touch screen. The opposite party no.1 had issued one job sheet and asked him to collect the mobile set within a period of 15 days. He went to opposite party no.1 for collection of his mobile set, but opposite party no.2 asked for sometime to arrange/replace the touch screen of the mobile. Thereafter, he visited the opposite party no.1 so many times to take his mobile set, but the opposite party no.1 instead of repairing the mobile postponed the matter on one pretext or the other. Such conduct on the part of the opposite parties amounted to deficiency in service, due to which he suffered mental agony and harassment apart financial loss.

2.                Notice of the complaint was given to opposite parties. None put into appearance on behalf of opposite parties despite service, therefore, exparte proceedings were initiated against them, vide order dated 28.7.2016.

3.                In evidence of the complainant, his affidavit Ex. CW1/A and documents Ex.C1 and Ex.C2 have been tendered.

4                 We have heard the complainant and have also gone through the documents placed on file carefully.

5.                The complainant purchased mobile hand set WIIO W15 black from opposite party no.2 for a sum of Rs.7441/-, vide bill dated 09.06.2015, with a warranty of one year.  As per allegations of the complainant, after 2-months the touch screen of the mobile set was broken, so he approached the opposite party no.1, the authorized service centre of the company for replacement of the touch screen, who kept the hand set for rectification/replacement of the touch screen, but  opposite party no.1 did not replace the touch screen after his several visits  The complainant has also filed his affidavit in support of his allegations.

 6.               The complainant produced the copy of the job sheet Ex.C1. After perusal of the same it is clear that the mobile set was out of warranty, therefore, complainant is not entitled to get replaced the touch screen of the mobile free of costs.

 7.               As a sequel to the foregoing reasons, we direct the opposite parties to replace the touch screen of the mobile set of complainant on payment of the cost of the screen by the complainant. This order shall be complied within 30 days from the receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated: 2.11.2016

                                                                                      (K.C.Sharma)

                                                                                         President,

                                                                             District Consumer Disputes

                                                                             Redressal Forum, Karnal.

                             (Anil Sharma)

                               Member