On 11.3.2013, complainant Vinod Kumar purchased one Tablet Model-I Ball 397334, ESN Hex No.911237050199120 and S/N No.911237050199138 from Ultimate Tele Communication, Hisar i.e. from opposite party No.1, vide invoice No. 926 (Ex.C-1) for Rs.10,500/- with warranty of one year. Opposite Party No.1 is the dealer of the tablet whereas Sh.Radhe Communication, Hisar i.e. opposite party No.2, is the service centre of the Company and Best IT World (India) Pvt. Limited i.e. opposite party No.3 is the manufacturing company of the Tablet. That within one month of the purchase, the tablet stopped working. Its display was not working. It was also not taking the command to start. Complainant brought this problem, with the tablet in the knowledge of opposite party No.1, who asked him to leave the tablet and to come after 4 days, as meanwhile he will get it checked. After four days, when the complainant, went to opposite party No.1, then opposite party No.1 asked him to give copy of the purchase bill, as well as, original receipt, which was issued to the complainant, four days back while receiving the tablet from him. It was told to the complainant by opposite party No.1 that he will send the tablet to the service centre i.e. opposite party No.2. The complainant, accordingly supplied copy of the purchase bill, as well as, said original receipt to opposite party No.1. After one week, when complainant again visited the shop of opposite party No.1, then opposite party No.1 asked him to go to the service centre. When complainant went to the service centre, he was apprised that the tablet was not repairable, as there was some manufacturing defect in it. The complainant then asked opposite party No.1 and 2, to replace the tablet, but they refused. The complainant also demanded said original receipt, as well the tablet, but opposite party No.1 refused. The tablet is still with opposite party No.2, which is under the period of warranty and the opposite parties have refused to return, or to replace the tablet to him. Averring all these acts and conducts, on the part of the opposite parties as deficiency of service as well as unfair trade practice on their part, the complainant has filed this complaint on 19.7.2013, praying for replacement of the tablet or in alternative, for refund of its price, with upto date interest, besides compensation for his harassment, humiliation etc. and litigation expenses.
2. Opposite parties have been duly proceeded against ex-parte vide order of this forum dated 9.10.2013 and 4.6.2014.
3. In order to make out his case, the complainant has placed on record Ex.CW1/A his own supporting affidavit. Ex.C-1 and Ex.C-2 copies of purchased invoice dated 11.3.2013.
4. There is no reason to disbelieve or to discredit aforesaid pleaded case of the complainant, which gets full support and corroboration, not only from his own affidavit Ex.CW1/A, but also from copy of purchase bill dated 11.3.2013 on record. Case of the complainant also inspires confidence, because the opposite parties have opted for being proceed ex-parte. It is thus proved that tablet sold to the complainant, with warranty of one year, became out of order just within one month of its purchase. Opposite parties No.1 & 2 failed to get it repaired, as there was some manufacturing defect in it. The said tablet was not returned to the complainant and is still with the opposite parties. It is also proved that opposite party No.1, had also malafidely took back the receipt, from the complainant, which was earlier given to him by opposite party No.1 for having receipt of the tablet. The tablet was not returned to the complainant repaired or unrepaired. All these acts and conducts on the part of the opposite parties, are not only gross deficiency of service, but are also of un fair trade practice on their part.
5. Resultantly, this complaint is hereby allowed, with a direction to the opposite parties, to handover new tablet of the same make or of some higher make, within a period of one month from the date of receipt of copy of this order, for which the opposite parties shall given written notice to the complainant to collect it. Otherwise, to refund its price of Rs.10,500/- to the complainant with interest @ 9% per annum, from the date of filing of the complaint i.e. 19.7.2013 till payment. Complainant is also hereby awarded compensation of Rs.3000/- for his harassment, mental agony etc. and litigation expenses of Rs.500/- against the opposite parties. All the opposite parties shall be jointly and severally liable to comply the order. However, primary responsibility to comply the order, shall be of opposite party No.3 being the manufacturing company. In case compliance of the order is made by opposite party No.1or by opposite party No.2, as the case may be, then the complying party shall be duly indemnified by opposite party No. 3, with interest @ 10% per annum.
Announced.
19.05.2015
