BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.

                                                                      Consumer Complaint no. 190 of 2015                                                                                                                  Date of Institution    :    29.10.2015

                                                                        Date of decision       :    24.11.2016

Ashok Kumar son of Sh. Sat Narain, resident of R.S. Electronics, Chandni Chowk, Sirsa.

                                                                                                ……Complainant.

                                                Versus.

1. Wadhwa Mobile Care, Circular Road, Sirsa.

2. H.T.C. Mobile Care Centre, near New Chawla Sweets, Sirsa.

3. T.V.C. Electronics Ltd., South Phase 7A, Second Floor, Industrial Estate, Gunde, Chennai- 600 032.

...…Opposite parties.

            Complaint under Section 12 of the Consumer Protection Act,1986.

Before:           SHRI S.B.LOHIA…………………PRESIDENT

                       SH.RANBIR SINGH PANGHAL ………… ……MEMBER.     

Present:          Sh. J.B.L. Garg,  Advocate for the complainant.

                        Opposite parties exparte.

            ORDER

            Brief facts of the complaint are that on 28.10.2014 complainant had purchased one mobile model HTC Desire 816G from opposite party no.1 for a sum of Rs.18535/-. The complainant has visited the care centre, Sirsa for four times since the date of purchase of mobile due to fault in the sim tray of the mobile from very beginning and mobile set is kept minimum for 20 days each time and sometimes same is kept even for one month but defect in the mobile exists. The complainant has made many rounds to the care centre and the mobile is given to him in the same condition and complainant has suffered a lot of harassment. The complainant is making rounds for about 10 months and he is being harassed but his grievance is not being redressed. Hence, this complaint.

2.                     On notice, opposite parties No.1 & 3 did not appear and were proceeded against exparte.

3.                     Initially, opposite party no.2 appeared through counsel and sought various opportunities for filing written statement but did not file the same and ultimately none appeared on behalf of op no.2 and was proceeded against exparte.

4.                     In evidence, complainant has tendered his affidavit Ex.C1, copy of bill Ex.C2, delivery challan Ex.C3, HTC care service report Ex.C4 and copies of e-mails Ex.C5 to Ex.C11.

5.                     We have heard learned counsel for complainant and have perused the case file carefully.

6.                     It has been established on record that complainant purchased the mobile in question from opposite party no.1 on 28.10.2014 for a sum of Rs.18,535/- as is evident from bill Ex.C2. According to the complainant, said mobile was having defect in sim tray for which he has made several rounds to the care centre in ten months but his grievance was not redressed. The contentions put forth by the complainant are supported by various e-mails Ex.C5 to Ex.C11 which are regarding above said grievances of the complainant. The complainant in his affidavit Ex.C1 has testified that during the pendency of the present complaint, the opposite parties replaced mobile with another mobile of HTC company bearing IMEI No.3586667063181014 but the bill of that mobile was in the name of one Ansor Alam, resident of Noida and when complainant raised objection in this regard, he was told by the ops not to worry and asked to use the same but that mobile was also defective. The said mobile was also given in the care centre for repair and in this regard job sheet dated 21.12.2015 was issued but that mobile is still in care centre. The said version of the complainant is also supported by delivery challan Ex.C3 which is in the name of one Ansor Alam, resident of Noida. Further, from care service report dated 28.12.2015 Ex.C4 it is evident that the replaced mobile is also having several defects of auto power on/ off, auto restart, overheat, overhanging, network problem etc.

7.                     Keeping in view the facts and circumstances of the present case, we allow the present complaint and direct the opposite parties to provide a new mobile of the same price and same description to the complainant within a period of one month from the date of receipt of copy of this order. All the opposite parties are jointly and severally liable to comply this order.  A copy of the order be supplied to the parties as per rules.  File be consigned to record room after due compliance.  

Announced in open Forum.                                                   President,

Dated:24.11.2016.                                                   District Consumer Disputes

                                                                                    Redressal Forum, Sirsa.

                                           Member.