Haryana

Gurgaon

CC/184/2014

Vinay Nangia - Complainant(s)

Versus

The Manager - Opp.Party(s)

02 Mar 2015

ORDER

 

DISTRICT   CONSUMER   DISPUTES   REDRESSAL FORUM GURGAON-122001.

                                                                                                                            Consumer Complaint No.184 of 2014                                                                                                                                                          Date of Institution: 09.06.2014                                                                                                                                                                  Date of Decision: 02.03.2015

Vinay Nangia, Tower No.21, Flat No.001, Vipul Greens, Gurgaon-122048.

                                                                                        ……Complainant.

                                                Versus

 

1. The Manager (The Mobile Store), DLF Galleria, Shop No.SG-14, Ground Floor, DLF Galleria Complex, Phase-4, DLF City, Gurgaon-122009.

 

2. The Managing Director, The Mobile Store Limited, Unit # 501 & 502, Kohinoor City, Kirol Road, Off L.B.S. Marg, Kurla (W) Mumbai-400 070.

 

                                                                                       ….Opposite parties.

                                               

Complaint under Sections 12 & 14 of Consumer Protection Act,1986                                                                 

 

BEFORE:     SH.RAGHVINDER SINGH BAHMANI, PRESIDENT.

                     SMT JYOTI SIWACH, MEMBER.

 

Present:        Sh.Vinay Nangia, Complainant in person.

                     OP-1 & 2 exparte

 

ORDER       R.S.BAHMANI, PRESIDENT.    

 

              The complainant alleged that he has purchased an Apple iphone 5 manufactured by OP-2 from OP-1 for a sum of Rs.46,910/- vide Invoice No.HR/51579 dated 19.11.2012 with extended Warranty (C-1) and thus, the Mobile phone was under extended Warranty up to 18.11.2014. It is further alleged that on 08.03.2014 the complainant experienced a defect in his Mobile Phone as it “got switched off while talking”. Consequently, he handed over the Phone to Mr. Saket & Pankaj of the OP-1 on 08.03.2014 with a display and on/off switch in working condition. On 18.03.2014 he received a telephonic call from Mr. Saket that his phone could not be repaired. However, when he collected the Mobile Phone from OP-1, he found that his display & on/off switch was not working and produced Job Sheet on which the complainant has made an endorsement on 22.03.2014 that “No display was there, Off/On switch was not working  and in a very bad shape” (C-2) It is further alleged that due to non repairing of his mobile phone he asked OP-1 to return his phone in the same condition but they refused his request.  He sent a Letter to the OP on 25.04.2014 asking for providing suitable remedy but they failed to make any communication to him (though produced copy of Letter dated 16.04.2014 sent to OPs regarding deficiency of service)(C-3). Thus, the OPs are deficient in providing services to the complainant. He prayed that he is entitled to repair of the mobile phone which is still under Warranty. He also sought compensation of Rs.10, 000/- and litigation expenses of Rs.1,000/- or any other relief deem fit by this Forum. The complaint is supported with an affidavit and the documents refereed above.

2                 Notice of the complaint was given to the OPs. OPs however, failed to turn up despite service and were proceeded exparte on 17.09.2014.

3                 We have heard the complainant and appraised the material on record carefully. Keeping in view the facts and circumstances discussed above and after perusing the record available on file we are of the considered opinion that the complainant has purchased an Apple iphone 5 manufactured by OP-2 from OP-1 for a sum of Rs.46,910/- vide Invoice No.HR/51579 dated 19.11.2012 with extended Warranty (C-1) which was valid up to 18.11.2014. The complainant alleged that his mobile phone became defective   as “it got switched off while talking” and thus, he has  taken the Mobile Phone  to OP-1 on 08.03.2014 with display and on/off switch in working condition but on 18.03.2014 a telephonic call was received from OP-1 that his mobile phone could not be repaired. He further alleged that when he collected his Mobile Phone from OP-1 he found that his display & on/off switch was not working and produced Job Card on which complainant has made endorsement that No display was there. Off/On switch not working” (C-2). He requested the OP to return his Mobile Phone with the same condition in which it was received by them but they failed to do so. He sent a Letter to the OP dated 16.04.2014 (C-3) but no use. Thus, complainant alleged deficiency of service on the part of the OPs and claimed repair of the Mobile phone with compensation. The above said evidence of the complainant goes unrebuted as the OPs failed to appear before this Forum to rebut the claim of the complainant. Thus, the OPs are deficient in providing services to the complainant.

4                 Consequently, OPs are directed to repair the Mobile Phone of the complainant under Warranty free of costs. The complainant has been harassed by the OPs causing mental agony and thus, he is entitled to compensation of Rs.5,000/- and litigation expenses of Rs.3,000/-.

Compliance be made within 30 days.

Copy of this order be sent to the parties free of costs.

 

Pronounced in open court.                           

Dated: 02.03.2015.

                                                                                                    President,

                                                                             District Consumer Disputes

                                                                                                                                                                  Redressal Forum, Gurgaon

                  (Jyoti Siwach)

                       Member