DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
CONSUMER COMPLAINT NO.27 of 16
DATE OF INSTITUTION: - 08-02.2016
DATE OF ORDER: 18-05-2016
Sanjeev Bansal Advocate, District Courts, Bhiwani, Tehsil and District Bhiwani.
……………Complainant.
VERSUS
- Universal Mobile Care Hansi Gate, near K.M. Public Shishu Bharti Primary School, through its authorized dealer.
- HTC India Pvt. Limited (Corporate Office), G4, BPTP Park Avenue, Sector 30, near NH 8 Gurgaon pin 12202.
- Customer Care, Swastik System shop No. 7, Bapu Asha Ram Complex, Chhotu Ram Chowk, Rohtak, Haryana.
………….. Opposite Parties.
COMPLAINT U/S 12 & 13 OF CONSUMER PROECTION ACT
BEFORE: - Shri Rajesh Jindal, President.
Smt. Ansuya Bishnoi, Member.
Present:- Complainant in person.
Ops no. 1 & 2 already exparte.
Shri Ram Kumar Manager on behalf of OP no. 3.
ORDER:-
Rajesh Jindal, President:
In brief, the grievance of the complainant is that he had purchased a mobile of HTC Desire 820 from OP no. 1 vide bill No. 2914 dated 24.11.2014 for a sum of Rs. 24,400/- with one year warranty. It is alleged that soon after purchase the handset became defective. It is alleged that the complainant on the advise of OP no. 1 went to OP no. 3 for its repair and they had made the software up date and assured that it would not heat and hang in future and in case of failure, the new mobile would be given to the complainant. Then again some time it sent on heating and hanging to a great extent and OP no. 3 sent to the mobile to the main Branch at Gurgaon from where wrong report was made that there was water in the mobile whereas when the mobile was given to OP no. 3, there was no question of any water in it. It is alleged that he requested to the Ops several times to change the said mobile and give him a new mobile but they refused to give a new mobile. The complainant further alleged that due to the act and conduct of the Ops he has to suffer mental agony, pain and financial losses. Hence, it amounts to deficiency in service on the part of OPs and as such, he has to file the present complaint & prayed for seeking compensation.
2. On appearance, OP no. 3 has filed written statement alleging therein that after using the set from 24th November 2015, for 2 months, the complainant Subham Bansal came to our collection point on 23rd January 2015 and complained about hanging issue and processing is too slow. It is submitted that on inspection of the set it was observed that software of the set has become corrupt. It is submitted that after updating the Online Software, the set became fully functional vide job no. DEL 023-0002772 dated 23rd January 2015. It is submitted that the answering respondent no. 3 is located at Rohtak, which does not cover the jurisdiction of the answering respondent. It is submitted that the company service centre on inspection found the set to be liquid damage. Hence, in view of the circumstances mentioned above, there is no deficiency in service on the part of answering respondent and complaint of the complainant is liable to be dismissed.
3. OPs no. 1 & 2 have failed to come present. Hence they were proceeded against exparte vide order dated 11.03.2016.
4. In order to make out his case, the complainant has tendered into evidence Annexure C-1 to Annexure C-5 alongwith supporting affidavit.
5. In reply thereto, the opposite party no. 3 has tendered into evidence affidavit Annexure RW1 and documents Annexure R-1 to Annexure R-3.
6. We have gone through the record of the case carefully and have heard the complainant in person, authorized representative of OP no. 3.
7. The complainant in person reiterated the contents of his complaint. He submitted that after about 2 months from the date of purchase the mobile handset gone out of order and the same was repaired by the OP no. 3. Again after few months the mobile handset got defected and the same was deposited by the complainant with OP no. 3 on 19.08.2015 vide job sheet Annexure C-4. He submitted that the Ops claim Rs. 14,580/- as repaired charges of the mobile handset in question on the ground that this handset is water lot. The mobile handset in question is with OP no. 3.
8. The representative of OP no. 3 reiterated the contents of the reply. He submitted that after the receipt of mobile handset from the complainant, the OP no. 3 sent the same to the OP no. 2 and Gurgaon. The service centre of the company found the set to be liquid damage. Therefore a sum of Rs. 14,580/- was claimed from the complainant as repair charges. He submitted that the OP no. 3 is collection centre of the company and the handset is lying with him.
9. The contention of the Ops that the mobile handset is liquid damage cannot stand because at the time of delivery of handset by the complainant to the OP no. 3 then it was duty of the OP no. 3 to inspect the mobile handset and if it was liquid damage then the said fact should have been mentioned on the job sheet. The job sheet dated 19.08.2015 Annexure C-4 mentions the problem that handset not getting on and heating issue and in the column of symptom it is mentioned “no power/can not boot, handset not getting on and heating issue” in this case in the job sheet it is nowhere mention that the handset is liquid damage. Considering the facts of the case, we found force in the contention of the complainant that the handset became faulty. During the warranty period of one year and the said defects are inherent. Resultantly, we partly allow the complaint of the complainant and direct the Ops to refund Rs. 20,000/- after deducting 20 per cent from the cost of the mobile handset on account of depreciation, to the complainant within 30 days from the date of passing of this order. If the Ops failed to comply with this order within the stipulated time then the Ops shall be liable to pay interest at the rate of 9 per cent per annum on the awarded amount. Certified copies of the order be sent to the parties free of costs. File be consigned to the record room, after due compliance.
Announced in open Forum.
Dated:.18-05-2016. (Rajesh Jindal)
President,
District Consumer Disputes
Redressal Forum, Bhiwani.
(Ansuya Bishnoi),
Member
