Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 378.
Instituted on : 27.06.2017.
Decided on : 12.03.2018.
Annu age 20 years D/o Sh. Kuldeep R/o VPO-Nindana Tehsil Meham Distt. Rohtak.
………..Complainant.
Vs.
- Vaishno Communication, Chhotu Ram Chowk Civil Road, Rohtak.
- MPS Telecom Private Ltd. D-55, First & Second Floor, Okhla Industrial Phase-1, New Delhi.
- Global Mobile Care, 42 E Above Dena Bank, Hooda Complex, Rohtak.
- HTC India Private Ltd.(Corporate Office), G-4, BPTP Park Avenue, Gurgaon Sector-30, pin code-122002.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.RAJBIR SINGH DAHIYA, PRESIDENT.
MS. KOMAL KHANNA, MEMBER.
SH. VED PAL, MEMBER.
Present: Sh.Dharmender Singh, Advocate for the complainant.
Opposite party No.1,3 & 4 exparte.
Opposite party No.2 given up.
ORDER
RAJBIR SINGH DAHIYA, PRESIDENT:
1. Brief facts of the complaint are that the complainant has purchased a mobile set from opposite party No.1 for Rs.19700/- vide bill no.6335 dated 22.05.2016 “Brand HTC Desire 828 Dual Sim” IMEI No.352532072032929, 352532072048073. That after sometime the said mobile handset disconnect the range. The complainant deposited the set to the opposite party no.3 for repair and the opposite party No.3 issued receipt No.217223356003683. After that the complainant many times called to customer care centre but the opposite party No.1 refused to change the defective handset and the said handset is still lying with the opposite party No.1. Hence this complaint and the complainant has prayed for refund of price of mobile set with interest @ 18% p.a. and Rs.20000/- as litigation expenses.
2. Notice of the present complaint was issued to the opposite parties. Notice sent to O.P.No.1 & 3 received back duly served but none appeared on behalf of OP No.1 & 3. Notice sent to opposite party No.4 through registered cover not received back in any form. As such opposite party No.1 & 3 were proceeded against exparte vide order dated 11.08.2017 and opposite party No.4 was proceeded against exparte vide order dated 14.11.2017 of this Forum. Opposite party no.2 was given up by the complainant being unnecessary party.
3. Ld. counsel for the complainant has tendered affidavit Ex.CW1/A, documents Ex.CW1 to Ex.CW3 and closed his evidence.
4. Arguments heard and file perused.
5. There is no rebuttal to the evidence that the complainant had purchased the mobile set on 22.05.2016 for a sum of Rs.19700/- as is proved from the bill Ex.C1 and as per job sheets Ex.CW3 there was problem of “Network Drop problem” in the handset which could not be repaired by the service centre despite repeated visits of the complainant and the handset is in the custody of service centre. It is also observed that the defects in the alleged mobile set appeared within warranty period and the same could not be rectified by the service centre despite repeated repairs.
6. Also none of the opposite parties have come up for the rebuttal against the pleadings of the complainant placed on the file in the present case and are proceeded against exparte in this case. Hence the complaint is allowed with refund of price of mobile set after deduction of 20% depreciation on it as the complainant has used the mobile set uninterruptedly for 10 months.
7. Accordingly it is directed that opposite party No.4 i.e. manufacturer shall refund the price of mobile set i.e Rs.19700/- less Rs.3940/-(depreciation) i.e. Rs.15760/-(Rupees fifteen thousand seven hundred sixty only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 27.06.2017 till its realization and shall also pay a sum of Rs.5000/-(Rupees five thousand only) as compensation and litigation expenses to the complainant within one month from the date of decision.
8. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
12.03.2018.
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Rajbir Singh Dahiya, President
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Komal Khanna, Member.
…………………………
Ved Pal, Member
