Haryana

Ambala

CC/335/2016

Harsh Vohra - Complainant(s)

Versus

Vivo Mobile India Ltd. - Opp.Party(s)

Harsh Vohra

07 Dec 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                                       Complaint case no.        : 335 of 2016

                                                                       Date of Institution         : 26.08.2016

                                                                       Date of decision            : 07.12.2016

 

          Harsh Vohra, Advocate S/o Sh. Mohinder Singh R/o # 269, Sector 8, Urban     Estate, Ambala City.  

……. Complainant.

 

1. VIVO MOBILE India LTD. 3^rd floor plot no. 54, Sector 44 Gurgoan 122003.
2. SIA Communication Shop No. 6A, 1^st Floor, Shree Radhey Complex Behind B.D. School, Ambala Cantt. Ph. No. 01714000722.
3. Durga Agencies, Bazar Tanduran, Ambala City.

 ….…. Respondents.

 

BEFORE:   SH. D.N. ARORA, PRESIDENT

                   SH. PUSHPENDER KUMAR, MEMBER                             

 

Present:        Complainant in person.

                   Ops already exparte v.o.d. 17.10.2016.

ORDER:

                   In nutshell, brief facts of the present complaint is that the complainant had purchased a mobile phone bearing no. 9896604248 bearing EMI NO. 860408036394579 model no. VIVO Y31L  for Rs. 9500/- from OP no. 3 vide cash memo no. 6590 dated 18.07.2016 which was having one year warranty. The mobile phone started giving problems from its very beginning i.e. touching mobile hanging, camera, phone memory automatically delete and mobile network not working properly, touching problem and mobile internet not working properly. Complainant further submitted that the mobile phone again occurred the same problems after repairing by OP no. 2. Hence, the present complaint.

2.                Registered notice issued to Ops but none have turned up on their behalf and they were proceeded against exparte vide order dated 17.10.2016.

3                 To prove his version complainant tendered his affidavit as Annexure C-X along with documents as annexure C-1 and C-2 and close his evidence.

4.                We have heard learned counsel for the complainant and carefully gone through the case file. The case of complainant is that the complainant had purchased a mobile phone bearing EMI NO. 860408036394579 model no. VIVO Y31L  for Rs. 9500/- from OP no. 3 vide cash memo no. 6590 dated 18.07.2016 Annexure C1 which was having one year warranty started giving problems as per job Sheet (Annexure C-2) having ‘Bad Software.  Perusal of the job sheet reveals that the mobile set occurred problems due to its bad software and the version of complainant duly supported by his affidavit reveals that the mobile in question started giving problems i.e. touching mobile hanging, camera, phone memory automatically delete and mobile network not working properly, touching problem and mobile internet not working properly within its warranty period inspite of various visits by complainant. The Ops No.1 & 2 despite registered notice not pursued the case and they were proceeded against exparte. As such, the contents enumerated in the complaint remained un-rebutted and thus we have no other option except to believe the version as well as documents submitted by the complainant

5.                In view of above discussion, the present complaint is hereby allowed with costs and Ops are directed to comply with the following direction within thirty days from receipt of copy of the order:-

(i)      The Ops are directed to repair the defective Mobile Phone free of cost if they are not in position to repair the mobile in question then Ops shall replace the defective Mobile Phone with a new one of the same model or to pay the cost of the mobile set alongwith interest at the rate of 9% per annum from the date of complaint till its realization.

 (ii)    Also to pay a sum of Rs. 2,000/- on account of mental harassment & agony alongwith cost of litigation.

                   Copies of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on :07.12.2016                                           Sd/-

                                                                             (D.N. ARORA)

                                                                                       President

 

                          Sd/-

     (PUSHPENDER KUMAR)

                                                                                       Member