DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
CONSUMER COMPLAINT NO.21 of 16
DATE OF INSTITUTION: - 19.01.2016
DATE OF ORDER: -27.06.2016
Dhanesh son of Rambir Kaushik, resident of village Umrawat, P.O. Kaunt, Tehsil & District Bhiwani.
……………Complainant.
VERSUS
- Tarash Overseas Pvt. Ltd. Plot No. 5, Sector-27, Near Ssi Corporate Tower, Faridabad (Haryana)-121003.
- Authorized Service Centre, Saini Mobile Point, New Bazar, Sukhdev Bhawan, Bhiwani (Haryana)-127021.
………….. Opposite Parties.
COMPLAINT U/S 12 & 13 OF CONSUMER PROECTION ACT
BEFORE: - Shri Rajesh Jindal, President
Smt. Ansuya Bishnoi, Member
Present:- Complainant in person.
Ops are exparte.
ORDER:-
Rajesh Jindal, President:
Brief facts of the present complaint are that on 27.01.2015 he had purchased a Spice Mobile set model Spice MI-551 from OP no. 1 for a sum of Rs. 6999/- with one year warranty. It is alleged that after purchasing of some time it was got defective and not working properly. It is alleged that he visited to the office of OP no. 2 many times but to no avail. The complainant further alleged that due to the act and conduct of the Ops he has to suffer mental agony, physical harassment and economic loss. Hence, it amounts to deficiency in service on the part of OPs and as such, he has to file the present complaint & prayed for new mobile set in place of old set alongwith compensation. Hence the complainant was deprived of use of the Hand Set and suffered a loss.
2. OPs no. 1 & 2 have failed to come present. Hence they were proceeded against exparte vide order dated 21.06.2016.
3. Complainant in person reiterated the contents of the complaint. He submitted that the mobile handset was purchased by him on 27.01.2015 for Rs. 6999/- vide bill issued by OP no. 1. He submitted that as the mobile handset was not working properly and he deposited the mobile handset with OP no. 2 vide job sheet dated 07.12.2015 . The mobile handset in question is lying with OP no. 2.
4. The mobile handset in question was purchased by the complainant online on 27.01.2015 which was deposited by him with OP no. 2 the service centre of the company vide job sheet dated 07.12.2015 with some defects. Considering the facts of the case, we partly allow the complaint of the complainant and direct the Ops to rectify the defects of the mobile handset by replacing the defective parts, if any, free of cost and deliver the same in working condition to the complainant within 30 days. The Ops are also directed to pay Rs. 1,000/- as compensation to the complainant. The complainant is directed to visit OP no. 2 to take the delivery of his mobile handset.
Certified copies of the order be sent to the parties free of costs. File be consigned to the record room, after due compliance.
Announced in open Forum.
Dated: 27.06.2016. (Rajesh Jindal)
President,
District Consumer Disputes
Redressal Forum, Bhiwani.
(Ansuya Bishnoi)
Member.
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
CONSUMER COMPLAINT NO.21 of 16
DATE OF INSTITUTION: - 19.01.2016
DATE OF ORDER: -27.06.2016
Dhanesh son of Rambir Kaushik, resident of village Umrawat, P.O. Kaunt, Tehsil & District Bhiwani.
……………Complainant.
VERSUS
- Tarash Overseas Pvt. Ltd. Plot No. 5, Sector-27, Near Ssi Corporate Tower, Faridabad (Haryana)-121003.
- Authorized Service Centre, Saini Mobile Point, New Bazar, Sukhdev Bhawan, Bhiwani (Haryana)-127021.
………….. Opposite Parties.
COMPLAINT U/S 12 & 13 OF CONSUMER PROECTION ACT
BEFORE: - Shri Rajesh Jindal, President
Smt. Ansuya Bishnoi, Member
Present:- Complainant in person.
Ops are exparte.
ORDER:-
Rajesh Jindal, President:
Brief facts of the present complaint are that on 27.01.2015 he had purchased a Spice Mobile set model Spice MI-551 from OP no. 1 for a sum of Rs. 6999/- with one year warranty. It is alleged that after purchasing of some time it was got defective and not working properly. It is alleged that he visited to the office of OP no. 2 many times but to no avail. The complainant further alleged that due to the act and conduct of the Ops he has to suffer mental agony, physical harassment and economic loss. Hence, it amounts to deficiency in service on the part of OPs and as such, he has to file the present complaint & prayed for new mobile set in place of old set alongwith compensation. Hence the complainant was deprived of use of the Hand Set and suffered a loss.
2. OPs no. 1 & 2 have failed to come present. Hence they were proceeded against exparte vide order dated 21.06.2016.
3. Complainant in person reiterated the contents of the complaint. He submitted that the mobile handset was purchased by him on 27.01.2015 for Rs. 6999/- vide bill issued by OP no. 1. He submitted that as the mobile handset was not working properly and he deposited the mobile handset with OP no. 2 vide job sheet dated 07.12.2015 . The mobile handset in question is lying with OP no. 2.
4. The mobile handset in question was purchased by the complainant online on 27.01.2015 which was deposited by him with OP no. 2 the service centre of the company vide job sheet dated 07.12.2015 with some defects. Considering the facts of the case, we partly allow the complaint of the complainant and direct the Ops to rectify the defects of the mobile handset by replacing the defective parts, if any, free of cost and deliver the same in working condition to the complainant within 30 days. The Ops are also directed to pay Rs. 1,000/- as compensation to the complainant. The complainant is directed to visit OP no. 2 to take the delivery of his mobile handset.
Certified copies of the order be sent to the parties free of costs. File be consigned to the record room, after due compliance.
Announced in open Forum.
Dated: 27.06.2016. (Rajesh Jindal)
President,
District Consumer Disputes
Redressal Forum, Bhiwani.
(Ansuya Bishnoi)
Member.
