DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
CONSUMER COMPLAINT NO.233 of 15
DATE OF INSTITUTION: - 14-08.2015
DATE OF ORDER: 11-02-2016
Naresh Kumar aged 35 years son of Shri Kishan, resident of House No. Q-351A near Dobbi Talab, Hirapuri Mandir K Samne Bhiwani, Tehsil and District Bhiwani.
……………Complainant.
VERSUS
- Virasat Communication, Jain Chowk, Bhiwani through its Proprietor.
- Intex, Gmg Communication Radhika Complex, Hansi Gate, Bhiwani through its Proprietor/Manager.
………….. 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 exparte.
ORDER:-
Rajesh Jindal, President:
In brief, the grievance of the complainant is that on 27.08.2014 he had purchased one hand set of Intex Model No. Aqua Y2, IMEI 911383551548816 for a sum of Rs. 4500/-. It is alleged that after the purchase of mobile handset it worked properly for few months and thereafter it goes off again and again. He deposited his mobile handset with OP no. 2, vide job sheet dated 07.08.2015 for repairs and since then his mobile handset is lying with OP no. 2. 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. Hence the complainant was deprived of use of the Hand Set and suffered a loss. Now the complainant has claimed the replacement of the Hand Set with new one along with compensation and costs by way of filing present complaint.
2. OPs no. 1 & 2 have failed to come present. Hence they were proceeded against exparte vide order dated 24.11.2015.
3. In order to make out his case, the complainant has tendered into evidence Annexure C-1 & Annexure C-2 alongwith supporting affidavit.
4. We have gone through the record of the case carefully and have heard the complainant in person.
5. The complainant reiterated the contents of his complaint. He submitted that after the purchase of mobile handset it worked properly for few months and thereafter it goes off again and again. He deposited his mobile handset with OP no. 2, vide job sheet dated 07.08.2015 Annexure C-2 for repairs and since then his mobile handset is lying with OP no. 2.
6. The complainant purchased the mobile handset on 27.08.2014 for Rs. 4500/- from OP no. 1 vide bill Annexure C-1. According to the contention of the complainant his mobile handset worked properly for few months and thereafter it goes off at its own again and again, and the OP no. 2 has not repaired his mobile handset. Keeping in view the facts and circumstances of the case, we direct the Ops to repair and rectify the mobile handset of the complainant in working condition, by replacing the defective parts without any charge and returned the same to the complainant and also to pay Rs. 1,000/- as compensation to the complainant. This order be complied with by the OPs within 30 days from the date of passing of this order. 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:.11-02-2016. (Rajesh Jindal)
President,
District Consumer Disputes
Redressal Forum, Bhiwani.
(Ansuya Bishnoi),
Member