Complainant present in person
Opponents exparte
Per Hon’ble Shri. Mohan Patankar, Member
JUDGMENT
Dated 21stJune 2014
[1] Complainant has filed present complaint u/s 12 of the Consumer Protection Act, 1986 against Opponent Nos. 1 to 3 for deficiency in service. Complainant is resident of Ambegaon, Pune 46. Opponent Nos. 1 to 3 are carrying on business at Pune. Opponent No.3 is the Manager of Manufacturing Company of the goods in question, located at New Delhi 44. Brief facts stated by the complainant are as follows-
[2] Complainant purchased a mobile handset ‘Sony Xperia C Black’ for consideration of Rs.18,400/- from Opponent No.1 on 29/10/2013. Complainant experienced that ‘Proximity Sensor’ was not functioning and ‘Front Camera Panel’ was filled with Dust. Opponent No.1 advised to approach Opponent No.3 for the problem. Accordingly complainant gave mobile set for repairs to the Opponent No.3 on 9/11/2013. At the time of taking it back; on 11/11/2013 complainant requested Opponent No.3 to replace the handset. Again on 13/11/2013 Opponent No.3 returned the handset to the complainant, but no replacement was given, as promised earlier. Complainant called consumer support and explained the issue. Complainant again gave the mobile set for repairs to the Opponent No.3 on 10/2/2014; at the same time contacted consumer support and officials of support promised to replace the faulty handset. However, the complainant received back the same mobile handset. After giving the mobile handset in question, three times for repairs for the same problem, neither the fault was rectified nor replacement was given. This amounts to deficiency in service by the Opponents. It caused mental agony and harassment to the complainant. Hence, Complainant has filed present complaint and prayed for refund of price and compensation with cost from the Opponent, as provided u/s 14 of the Consumer Protection Act, 1986.
[3] In spite of service of notice, none of the Opponent Nos. 1 to 3 neither appeared before the Forum nor filed any written statement or documents before this Forum. Hence, complaint is proceeded exparte against them.
[4] After going through the pleadings of complaint, affidavit and documents on record it reveals that, complainant has purchased the mobile handset from Opponent No.1 and on the very next day, he find it faulty. After subsequent repairs for three times, Opponent No.2 could not solve the problem. Opponent No.3 evenafter promising to replace the handset, gave the same handset to the complainant with the problem yet persisting. Therefore, this Forum is of the opinion that, complainant has proved that the Opponent No.1 has sold faulty mobile handset and Opponent Nos.2 and 3 failed to give the required service, resulting in deficiency in service on the part of the Opponent Nos. 1 to 3. Therefore, they are liable to pay the price of the mobile handset with compensation and cost u/s 12 of the Consumer Protection Act, 1986. Hence, following order is passed-
:- ORDER :-
- Complaint is partly allowed.
- It is hereby declared that the Opponent Nos. 1 to 3 have caused deficiency in service by selling faulty mobile handset to the complainant and to repair the same.
- Opponent Nos. 1 to 3 jointly and severally are directed to pay price of mobile Rs.18,400/- [Rupees Eighteen Thousand and Four Hundred only] to the complainant within six weeks from the date of receipt of copy of order.
- Opponent Nos. 1 to 3 jointly and severally are directed to pay amount of Rs.3,000/- [Rupees Three Thousand only ] and costs of Rs.1,000/- [Rupees One Thousand only] to the complainant within six weeks from the date of receipt of copy of order.
- Opponent Nos. 1 to 3 jointly and severally are directed to collect the handset from the complainant.
- Complainant is directed to collect the sets which are provided for the Hon’ble Members within one month from the date of Order. Else those will be destroyed.
Copy of order be supplied to both the parties free of cost.
Place – Pune
Date – 21/06/2014
