BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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Anju Kumari w/o Sh.Suresh Kumar Mittal, r/o #1036, Sector 37-D, Chandigarh.

…..Complainant

                           V E R S U S

1.     The Mobile Store, SCO No. 101, Sector 35-C, Chandigarh      through its Incharge.

2.      The Mobile Store, SCO No.2423-2424, Sector 22-C,        Chandigarh, through its Incharge.

                                  ……Opposite Parties

CORAM:  SH.JAGROOP SINGH MAHAL        PRESIDENT

              DR.(MRS) MADHU BEHL       MEMBER

              SH.RAJINDER SINGH GILL   MEMBER

Argued by: Sh. Vinay Kataria, Adv. for complainant.

OPs exparte.

PER DR.(MRS) MADHU BEHL,MEMBER

             Succinctly put, the complainant purchased a mobile of Brand Ray, Model T-65 from OP-1 for Rs.6,079/-.  That after few days the said mobile started giving various problems.  When she contacted OP-1 regarding the same, it was told to submit the same with OP-2 (the repairing store of OP-1).  That accordingly she handed over the said defective mobile to OP-2 for defect rectification.  After that she had visited the office of OP-2 many times but till date neither the said defects had been removed nor was the mobile set delivered back to her. She then approached OP-1 for the replacement of the said mobile but OP-1 had flatly refused to accept her complaint. On that she sent a legal notice to the OPs. The said notice was received by OP-1 but the notice which was sent to OP-2 was received back with the remarks of refusal.   Hence this complaint alleging that the aforesaid acts of the OPs amount to deficiency in service and unfair trade practice.

2.             Notice was served to the OPs. None appeared on behalf of the OPs.  Accordingly the OPs were proceeded ex-parte. 

3.             The complainant led evidence in support of her contention.

4.             We have heard the Learned Counsel for the complainant and have also perused the record. 

5.             Annexure C-1 is the copy of the bill vide which the complainant purchased a mobile of Brand Ray, Model T-65 for Rs.6,079/- from OP-1. It is the contention of the complainant that after few days of its purchase, it started showing different features and the dialing system was creating problem. The complainant handed over the said mobile set to OP-2 for repair, vide receipt Annexure C-II. It is the grouse of the complainant that till date the OP-2 has neither removed the defects nor has delivered the mobile set back to her. She sent a legal notice to the OPs vide receipts Annexure C-4 and Annexure C-5.

6.             Since the OPs have not come forward to contest the complaint of the complainant, as such they were proceeded against exparte. This shows that there is a lapse on the part of the OPs in rendering proper service to the complainant.

7.             In view of the above facts and circumstances of the case placed before us, we are of the view that the OPs were negligent and deficient in rendering proper service to the complainant and thereby harassing the consumer by not repairing the mobile set being under warranty period, which surely amounts to deficiency in service because warranty is always given directly by the company, which is fully liable to get it repaired or replaced in case of any default within the warranty period but here the OPs have negated the after-sale promise which caused mental and physical harassment to the complainant. Accordingly, we have come to the conclusion that the complainant has sufficiently proved his case by way of documentary evidence produced on record and therefore hold OPs deficient in rendering proper service to the complainant. The complaint is allowed. The OPs are directed to rectify the defects of the said mobile set and deliver it to the complainant after carrying out necessary repairs, making it fully functional to the satisfaction of the complainant without charging anything. The OPs shall also pay him a compensation of Rs.550/-. The order shall be complied within 15 days from the date of receipt of copy of this order failing which they would be liable to pay the aforesaid compensation alongwith penal interest @12% p.a. since the date of filing of the present complaint i.e. 08.01.2010 till its payment to the complainant.

              Certified copies of this order be sent to the parties free of charge.  The file be consigned.