DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA

CC.No.449 of 26-10-2015

Decided on 19-01-2016

Ravi Kumar aged about 28 years S/o Mohinder Kumar R/o Gali No.1, Gopal Nagar, Bathinda.

........Complainant

Versus

1.Unitech Service Centre (Authorized Service Centre of Samsung India), Near Chowk Road, Near Teacher Home, Bathinda, through its Proprietor/Manager/Partner/Incharge.

2.M/s Shivam Traders, Shop under basement Near Fire Brigade, Bathinda, through its Proprietor/Owner.

3.HTC India Pvt. Ltd., G-4, BPTP Park Centre, Sector 30 Near NH 8, Gurgaon, through its Proprietor/Manager/M.D/Partner/Incharge.

.......Opposite parties

Complaint under Section 12 of the Consumer Protection Act, 1986

QUORUM

Sh.M.P Singh Pahwa, President.

Smt.Sukhwinder Kaur, Member.

Sh.Jarnail Singh, Member.

Present:-

For the Complainant: Sh.Vikas Kumar, Advocate.

Opposite parties: Ex-parte.

ORDER

M. P. Singh Pahwa, President

1. The complainant Ravi Kumar (here-in-after referred to as complainant) has filed complaint U/s 12 of Consumer Protection Act, 1986 against opposite parties Unitech Service Centre and others (here-in-after referred to as opposite parties).

2. Briefly stated, the case of the complainant is that he purchased one HTC Desire 816G mobile handset for Rs.18,500/- vide bill No.130 from opposite party No.2 with one year guarantee. Opposite party No.1 is an authorized service centre and opposite party No.3 is manufacturer of HTC Desire.

3. It is alleged that from the date of purchase of abovesaid mobile handset, there was defect in it as it became 'hang' and shut down. On 18.8.2015, the complainant approached opposite party No.1, it checked the mobile handset and kept the same with it and asked him to come after sometime and issued him job sheet. On 1.9.2015, Complainant approached opposite party No.1, but mobile handset was not repaired and he was asked to come after 15 days. On 16.9.2015, he again approached opposite party No.1, but he found that no repair is done so far and he was asked to come after some days. On 2.10.2015, Complainant again approached opposite party No.1, but it did not repair the mobile handset and asked him to come after 15 days. On 5.10.2015, he was informed by opposite party No.1 that there is manufacturing defect in the mobile handset. He requested opposite party Nos.1 and 2 either to replace the mobile handset with new one or to refund its price, but to no effect. On 10.10.2015, he also moved letter through e-mail to opposite party No.3, it issued him ticket No.15INA340006479, but no action has been taken.

   On this backdrop of facts, the complainant has alleged deficiency in service and unfair trade practice on the part of opposite parties and requested for directions to opposite parties either to replace the mobile handset in question with new one or to refund its price i.e. Rs.18,500/- alongwith interest @ 18% per annum and also claimed compensation to the tune of Rs.50,000/- and Rs.11,000/- as litigation expenses. Hence, this complaint.

4. Upon notice, none appeared on behalf of opposite parties. As such, ex-parte proceedings were taken against them.

5. Parties were afforded opportunities to produce evidence.

6. In support of his version, the complainant tendered into evidence his own affidavit dated 21.10.2015, (Ex.C1); Photocopy of invoice, (Ex.C2); photocopy of job card, (Ex.C3); photocopy of bill, (Ex.C4) and photocopies of e-mails, (Ex.C5 and Ex.C6). Complainant has also placed on record copy of status report downloaded from website of opposite party No.3.

7. We have heard learned counsel for the complainant and gone through the file carefully.

8. The complainant has placed on record copy of invoice, (Ex.C2), which proves that he purchased one mobile handset for Rs.18,500/- from opposite party No.2. Ex.C3, is job card dated 18.8.2015. As per this document, the complainant complained defect regarding 'Auto Off'. As per complainant, he has not received back his mobile handset after repair. Copy of e-mail, (Ex.C5) was received from opposite party No.3 whereby the complainant was asked for wait for 48 hours regarding his complaint. It was also informed that he can check the repair status from the link of opposite party No.3. He has placed on record copy of status, which shows that the repair ticket is closed. Therefore, these documents prove that Complainant lodged his complaint with opposite party No.1 regarding defect in the mobile handset and as per complainant, the needful is not done. Of-course, he has requested for replacement of the mobile handset or refund of its price, but he has not brought on record any terms and conditions of warranty to justify replacement of the mobile handset or refund of its price.

9. For the reasons recorded above, the complaint is partly allowed with Rs.3000/- as cost and compensation against opposite party Nos.1 and 3 and dismissed qua opposite party No.2. Opposite party Nos.1 and 3 are directed to handover the mobile handset in question to the complainant after repair as per terms and conditions of warranty within 45 days from the date of receipt of copy of this order. In case, opposite party Nos.1 and 3 are not able to repair the mobile handset in question, then they will replace the mobile handset with new mobile handset of same model and specifications or same M.R.P. In case, opposite party Nos.1 and 3 are unable to replace the mobile handset as ordered above, then they are liable to refund its price i.e. Rs.18,500/- to him alongwith interest @ 9% per annum till realization. Interest will be payable after expiry period of date of compliance of the aforesaid order.

10. It is further made clear that in case of repair, the warranty period stands extended for the period for which the mobile handset remains with service centre or opposite party Nos.1 and 3.

11. The compliance regarding cost and compensation be also made within 45 days from the date of receipt of copy of this order.

12. The complaint could not be decided within the statutory period due to heavy pendency of cases.

13. Copy of order be sent to the parties concerned free of cost and file be consigned to the record.

    Pronounced in open Forum:-

    19-01-2016

    (M.P Singh Pahwa)

    President

     

     

    (Sukhwinder Kaur)

    Member

     

     

    (Jarnail Singh)

    Member