BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no.271 of 2016 Date of Institution : 06.10.2016
Date of Decision : 5.12.2016.
Shubham Girdhar, aged 22 years son of Shri Prem Kumar Girdhar, resident of Street No.8, Preet Nagar, Chota Dera, Sacha Sauda, Sirsa, District Sirsa (Haryana).
……Complainant.
Versus.
TVS Electronics Limited, C/o DHL, 4th Floor, Plot no. 193-197 & 254-258, 137 & 248-249, Jigani Link Road, Bommasahdra Industrial Area, Bangalore- 562 106.
...…Opposite party.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SHRI S.B.LOHIA …………………PRESIDENT
SH.RANBIR SINGH PANGHAL ………………MEMBER.
Present: Sh. J.B.L. Garg , Advocate for the complainant.
Opposite party exparte.
ORDER
The case of the complainant, in brief is that he placed an online order for purchase of Mi Redmi Note Gold 32G on the official website of opposite party, which was supplied to complainant vide tax invoice No.1469097503883524537 dated 21.7.2016 for a sum of Rs.11,999/- and mobile was having warranty of one year. After few days of its use, the mobile developed defect as its sensor stopped working. The complainant reported the said defect to opposite party at its customer care and he was required to send back the said mobile to op at Bangalore. Accordingly, on 30.7.2016, he dispatched the mobile through Blue Dart DHL Courier Service, which was received by op on 4.8.2016. Since then, mobile is lying with op and op has not replaced the same with a new one till date. The complainant has made several telephonic contacts with the op and also through e-mail but to no effect. The complainant also got served legal notice upon op on 1.9.2016 but of no use. Hence, this complaint.
2. On notice, none appeared on behalf of opposite party and was proceeded against exparte.
3. The complainant has tendered his affidavit Ex.C1, copy of tax invoice Ex.C2, copy of delivery report Ex.C3, legal notice Ex.C4 and postal receipt Ex.C5.
4. We have heard learned counsel for complainant and have perused the case file carefully.
5. The complainant has tendered his affidavit Ex.C1 wherein he has testified all the facts so set out by him in his complaint. In support, he has placed on file copy of tax invoice Ex.C2 and copy of delivery report of mobile in question which was sent back to the opposite party and was received by opposite party on 4.8.2016 but opposite party has failed to provide a new mobile to the complainant inspite of his several requests and legal notice. In these circumstances, we allow the present complaint and direct the opposite party to send a new mobile of the same price and description to the complainant within a period of one month from the date of receipt of copy of this order. A copy of this order be supplied to the parties free of costs. File be consigned to record room after due compliance.
Announced in open Forum. President,
Dated:5.12.2016. District Consumer Disputes
Redressal Forum, Sirsa.
Member.
