Chandigarh

DF-II

CC/287/2018

Kuldeep Mohammad - Complainant(s)

Versus

The Micromax - Opp.Party(s)

In Person

10 Aug 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

 

Consumer Complaint No.	:	287/2018
Date of Institution	:	22.05.2018
Date of Decision	:	10.08.2018

 

                                       

                                               

Kuldeep Mohammad s/o Sher Mohammad r/o H.No.81, Village Dhanas, Chandigarh.

                                ...  Complainant.

Versus

1.     The Micromax through its Manager/Authorized Signatory, Micromax House, 90B, Micromax House, 90B, Sector 18, Gurgaon, Haryana-122015, India.

 

2.     Gupta Vision through its Manager/Authorized Signatory, Shop No.114/1, Near Children Park, Manimajra, Chandigarh.

 

3.     The Micromax Service Centre, M/s Luxmi Communication through its Manager/Authorized Signatory, SCO 296, First Floor, Sector 35-D, Chandigarh.

 

…. Opposite Parties.

 

BEFORE:   

SMT.PRITI MALHOTRA, PRESIDING MEMBER

SHRI RAVINDER SINGH, MEMBER

 

Argued by :

Complainant in person.

                   OPs exparte.      

 

PER PRITI MALHOTRA, PRESIDING MEMBER

1. In brief the facts of the case as alleged by the complainant are that he purchased a Micromax LED for a sum of Rs.17000/- from OP No.2 vide invoice dated 23.11.2015. At the time of its purchase, he was assured by the OP that there was three years warranty period.  It has been averred that   the LED has been lying out of order for the last six months and is not working at all.   On the advise of OP No.2, he approached the service center who refused to remove the defect in the LED despite his repeated requests. Ultimately, he sent a representation dated 03.03.2018  to OPs No.1 and 2 through speed post but they did not respond to the same. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Parties, the complainant has filed the instant complaint.
2.         Despite due service through registered post, OPs failed to put in appearance and as a result thereof they were ordered to be proceeded against exparte vide order dated 31.07.2018.
3.         We have heard the complainant in person and have gone through the documents on record.
4.         In his evidence, the complainant has tendered into evidence his detailed affidavit in support of the averments made in the complaint along with the documents mentioned in the complaint.   The averments of the complaint have gone unrebutted in the absence of the OPs who were duly served, and preferred neither to appear in person, nor through its Counsel. It is established beyond all reasonable doubt that the complaint of the Complainant is genuine.  OPs did not bother to redress the grievance of the complainant when they contacted by the complainant within the warranty period, resulting into immense, mental and physical harassment to him. Thus, finding a definite deficiency in service on the part of the OPs, we have no other alternative, but to allow the present complaint against it.
5.         In view of the above discussion, the present complaint deserves to be allowed against the OPs and the same is accordingly allowed. They are directed as under:-

[i]            To make the LED in question functional by changing the         defective parts, if any, free of costs.

[ii]            To pay Rs.2,500/- as compensation for mental agony & harassment suffered by the complainant;

 [iii]          To pay Rs.3,500/- as costs of litigation.

6.         This order be complied with by the OPs within 30 days from the date of receipt of its certified copy, failing which the amount at Sr.No.(ii) above shall also carry interest @ 9% per annum from the date of this order till its actual payment besides compliance of directions mentioned at Sr.No.(i) and (iii).
7.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

10.08.2018 

Sd/-

(PRITI MALHOTRA)

PRESIDING MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER