BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 44 of 2015
Date of Institution : 26.2.2015
Date of Decision : 8.2.2016
Kashish Goyal, aged about 40 years son of Sh.D.L.Goyal, resident of Sirsa,, tehsil and distt.Sirsa.
……Complainant.
Versus
1. Unique Sales Corporation,Opp. Head Post Office, Sirsa
2. HTC Corporation, Brightpoint India Pvt. Ltd., B-92, 9th Floor, Himalaya House, 23 KG Marg, New Delhi.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SMT.GURPREET KAUR GILL …………PRESIDING MEMBER.
SH.RAJIV MEHTA………………………MEMBER.
Present: Sh.Rakesh Bajaj, Advocate for the complainant.
Opposite parties already exparte.
ORDER
In brief, complainant Kashish Goyal, on 25.6.2013, purchased one mobile hand set, Model HTC Desire X for Rs.15,000/- from Unique Sales Corporation i.e. from opposite party no.1. It was with warranty of one year. But, during this warranty period, the mobile set started giving different problems like automatically switched off, voice problem, heat etc. The complainant contacted opposite party no.1, who assured him to take back the mobile set in OK condition after two days. After two days, the opposite party no.1 handed over the hand set to the complainant after removing the defects. But few days later i.e. during the month of August 2013, the mobile hand set again started showing the same problems and since then the opposite party no.1 is putting off the matter on one pretext or the other and refused to remove the defect due to manufacturing defect in it. Hence, the present complaint. for a direction to the opposite parties, either to replace the mobile set or to refund its price, with upto date interest, besides damages for harassment, mental agony, humiliation etc. and litigation expenses.
2. Both the opposite parties were duly proceeded against exparte vide orders dated 15.6.2015 and 1.12.2015 respectively.
3. In order to make out his case, the complainant has placed on record Ex.C/A-his own supporting affidavit; Ex.C1-copy of purchase receipt; Ex.C2 and Ex.C3-G.mail communications.
4. We have heard learned counsel for the complainant and have gone through the record carefully.
5. It is admitted fact that the complainant purchased a mobile hand set, Model HTC Desire X from Unique Sales Corporation i.e. from opposite party no.1 for total sum of Rs.15,000/- vide bill no.7966 Ex.C1 on 25.6.2013. During the warranty period, the mobile set started giving different problems like automatically switching off, voice problem, heat etc. The complainant contacted opposite party no.1, who assured him to take back the mobile set in OK condition after two days. But, after few days, the opposite party no.1 handed over the hand set to the complainant after removing the defects. But after few days the mobile hand set again started showing the same problems. Since the month of August 2013, the complainant has been making repeated visits to the shop of opposite party no.1 for removing the problems of the mobile. The opposite party no.1 refused to remove the defect due to manufacturing defect in it. The complainant sent G.mails Ex.C2 and Ex.C3 to Op no.2. Moreover, the opposite parties no.1 and 2 were proceeded exparte vide orders dated 15.6.2015 and 1.12.2015 respectively. Ops have not come forward to put their version before this Forum. Under these circumstances, it is established on record that the mobile hand set of complainant is still in the custody of the Ops. Ops are held guilty for the losses and harassment caused to the complainant and complainant is entitled for relief.
6. For the reasons and findings recorded above, we accept the present complaint with cost of Rs.1000/- and direct the Ops to replace the defective mobile hand set with new one of the same quality within one month, otherwise to refund Rs.15000/- price of the mobile with interest @ 9% per annum from the date of filing of this complaint i.e. 26.2.2015, till payment. Both the opposite parties are jointly and severally liable for compliance of this order. Copy of this order be supplied to the parties free of cost. File be consigned to record room after due compliance.
Announced in open Forum. Presiding Member,
Dated:8.2.2016. Member. District Consumer Disputes
Redressal Forum, Sirsa.
Kashish Goyal Vs. Unique Sales Corporation
Present: Complainant in person with Sh.Rakesh Bajaj, Advocate.
Opposite parties already exparte.
Complainant closed the evidence after tendering documents Ex.C/A and Ex.C1 to Ex.C3. Arguments heard. Now to come up on 8.2.2016 for order.
Dt: 1.2.2016. Member. Presiding Member,
DCDRF,Sirsa.
Present: Sh.Rakesh Bajaj, Advocate for the complainant.
Opposite parties already exparte.
Order announced. Vide separate order of even date, complaint has been
allowed with costs. File be consigned to record room after due compliance.
Announced in open Forum. Presiding Member,
Dated:8.2.2016. District Consumer Disputes
Redressal Forum, Sirsa.
Member.
