BEFORE THE  DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KAITHAL.

Complaint no.238/15.

Date of instt.: 08.10.2015.

                                                        Date of Decision: 29.03.2016.

Vinod Shakya C/o Reliance Mobile Store, SBI Road, near Tikona Park, Kaithal, Tehsil & Distt. Kaithal.

                                                                ……….Complainant.                              Versus

1. TVS Electronics Ltd., Unit No.1, Khewat No.373, Khata No.400, Mustatil No.31, Village Taoru, Tehsil Taoru, Distt. Mewat (On Bilaspur-Mewat Road), through its Managing Director.

2. Beetal Teletech Ltd., 1^st Floor, Plot No.16, Udyog Vihar, Phase iv, Gurgaon, 122015-Haryana through its Managing Director.

..………OPs.

COMPLAINT UNDER SEC. 12 OF CONSUMER PROTECTION ACT, 1986. 

Before           Sh. Jagmal Singh, President.

                        Sh. Rajbir Singh, Member.

     Smt. Harisha Mehta, Member.

 Present :      Sh. Sumit Jaglan, Advocate for complainant.

                       OPs already exparte.

                       ORDER

(RAJBIR SINGH, MEMBER).

                    The complainant has filed the present complaint under Section 12 of Consumer Protection Act, 1986, with the averments that he purchased one mobile Redmi 2 (White) X000DQOU87 from Op No.1 through internet vide invoice No.HR-DEL2-151871821-12062 dt. 18.04.2015 for sum of Rs.6999/-.  It is alleged that on 16.08.2015, the said mobile set started to give the problem as it was not getting ‘on’ and it started to heat up immediately whenever the complainant tried to ‘on’ it.  It is further alleged that the complainant reported its defects at the service care centre of Op No.1 at Chandigarh but the service care centre of the Ops refused to repair/replace the said mobile set on the ground that the said mobile set has already been opened.  This way, the Ops are deficient in service and adopting unfair trade practice.  Hence, this complaint is filed.  

2.     Upon notice, the Ops did not appear and were proceeded against exparte vide order dt. 01.12.2015.   

3.     The complainant tendered in evidence affidavit, Ex.CW1/A and document Ex.C1 and closed evidence on 28.03.2015.     

4.     We have heard the ld. counsel for complainant and perused the case file carefully and minutely.

5.     From the pleadings and evidence available on the file, we found that as per pleadings of complainant, the complainant purchased online one mobile Redmi 2 (White) X000DQOU87 from Op No.1 vide invoice No.HR-DEL2-151871821-12062 dt. 18.04.2015 for sum of Rs.6999/- and the said mobile set was delivered at Kaithal.  The complainant stated that on 16.08.2015, the said mobile set started to give the problem as it was not getting ‘on’ and it started to heat up immediately whenever the complainant tried to ‘on’ it.  The complainant further stated that he reported its defects at the service care centre of Op No.1 at Chandigarh but the service care centre of the Ops refused to repair/replace the said mobile set on the ground that the said mobile set has already been opened.  The complainant has also tendered in evidence affidavit, Ex.CW1/A and copy of invoice, Ex.C1.  Whereas, on the other hand, the Ops did not appear and opt to proceed against exparte.  So, the evidence adduced by the complainant goes unrebutted and unchallenged.  So, we are of the considered view that the Ops are deficient while rendering services to the complainant.     

7.     Thus, in view of above discussion, we allow the complaint exparte and direct the Ops to replace the defective mobile set of the complainant with new one of the same model, as purchased by the complainant vide invoice No. HR-DEL2-151871821-12062 dt. 18.04.2015.  However, it is made clear that if the said mobile as purchased by the complainant,  is not available with the Ops, then the Ops shall refund Rs.6999/- as the cost of mobile to the complainant.  The Ops are also burdened with cost of Rs.2,000/- (Two thousand) as compensation for harassment, mental agony and cost of litigation charges to the complainant.  Both the Ops are jointly and severally liable.  Let the order be complied with within 30 days from the date of communication of order.  A copy of this order be sent to both the parties free of costs.  File be consigned to the record room after due compliance.

Announced.

Dt.29.03.2016.

                                                                (Jagmal Singh),

                                                                President.

                (Harisha Mehta),   (Rajbir Singh), 

                        Member.       Member.