BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWNI.
Complaint No. 50 of 2015.
Date of Instt: 13.02.2015.
Date of Order: 6.4.2015.
Pardeep Dhayal son of Shri Rajpal, resident of Gali No.2, Dabur Colony, Tosham, Bypass Road, Near Yadav Service Station, Bhiwani.
….…. Complainant
Versus
- Universal Mobile Care, Hansi Gate, Bhiwani, tehsil and district Bhiwani, through its Prop.
- Karbon Mobiles Care Centre, Saini Mobile Point, Naya Bazar, Sukhdev Bhawan, Bhiwani, through its Prop.
- Karbon Mobiles, D-170, OKLA Industrial Area, Phase-1, Delhi- 110020 through its Managing Director.
…….Respondents.
COMPLAINT UNDER SECTION 12 OF THE
CONSUMER PROTECTION ACT, 1986.
Before: Shri B.D.Yadav, President.
Shri Balraj Singh, Member,
Smt. Anita Sheoran, Member,
Present: Complainant in person.
Respondents ex parte.
ORDER
In brief, the grievance of the complainant is that he had purchased one Handset of Karbon Company for a sum of Rs.10800/- vide bill No. 2545 dated 12.2.2014 from respondent No.1 manufactured by respondent No.3. It is alleged that soon after purchase the Hand Set became defective within warranty period and complaint was lodged with respondents. The complainant visited the service centre of respondent company several times and requested to repair the same but it flatly refused to do the needful. The respondents did not repair the Hand Set, hence the complainant is deprived of use of the Hand Set and suffered a loss. Now the complainant has claimed the replacement of the Hand Set along with compensation and costs by way of filing present complainant.
2. Despite service, respondents did not appear, hence they were proceeded against ex parte vide order dated 16.3.2015.
3. The complainant has filed his duly sworn affidavit in his evidence to prove his respective version.
4. We have heard the complainant at length.
5. Complainant has argued that Hand Set was purchased from respondent No.1 vide Annexure C1 i.e the Photo state copy of bill. A perusal of complaint, Annexure C2 & C3 Photo stat copies of Job Sheet reveals that the Hand Set of the complainant became out of order within warranty period. The version of the complainant is supported by an affidavit. The surrounding circumstances also suggest that the Hand Set suffers from manufacturing defect for which respondents are liable. The respondents have failed to rebut the version of complainant and even failed to appear to controvert the stand taken by complainant which has been supported by an affidavit. The complainant argued that the hand set became defective time and again therefore the respondents be directed to refund the price along with interest. Keeping in view the facts and circumstances mentioned above, the complaint of the complainant is accepted with costs and respondents are directed:-
1. To refund the original price along with interest @ 12 % per annum from the date of filing of this complaint till its final realization.
2. To pay Rs. 2200/- as litigation charges.
The compliance of the order be made within 45 days from the date of receipt of certified copy of the order. Certified copies of this order be sent to the parties free of costs. File be consigned to the record room, after due compliance.
Announced in open Forum.
Dated: 6.4.2015.
President,
District Consumer Disputes
Redressal Forum, Bhiwani.
(Balraj Singh) (Anita Sheoran)
Member. Member.
