Complainant Sukhbir Singh through the present complaint filed under Section 12 of the Consumer Protection Act, 1986 (hereinafter for short, ‘the Act’) has prayed that the opposite parties be directed to deliver the Zync pad z1000 after repair or may be replaced by new one. He has further claimed Rs.50,000/- for the mental agony, pain and unnecessarily harassment and loss suffered by him. Complainant has also claimed Rs.5,500/- as litigation expenses or any other relief which this Forum deem fit.
2. The case of the complainant in brief is that he purchased Zync paid Z1000 9.7 inch calling Tablet from Zync Global Private Limited through supplier www.snapdeal.com online vide supplier retail invoice number 8CD9A0/12-13/10016 order number 858691471 on 28.1.2013 and seller retail invoice number Zync/Retail/2012-13/15583 dated 29.1.2013. The Tablet having IMEI:911222851076289 and the same was delivered to the complainant at Gurdaspur through bluedart courier service. It was pleaded that the above said product i.e. Zync Z1000 had manufacturing defect and was not working properly. It was pleaded that on 20.2.2013 within the warranty period the tablet was returned to the Company through Ghai Communications Gurdaspur for repair/replacement. It was further pleaded that complainant requested the opposite party number of times through email and personal visits to return the tablet but despite the repeated personal visits and emails of the complainant the opposite party has failed to return the same and is still in their illegal possession. It was also pleaded that on 15.6.2015, complainant requested the opposite party through email to return the tablet and the opposite party replied through mail dated 18.6.2015 that his request had forwarded to the concerned department and asking to wait and cooperate. It was next pleaded that again on 24.6.2015, complainant through email asking about the current status of the tablet but even after two and half years possession of the tablet the opposite party has failed to repair and return the same and as such complainant was facing hardship, mental agony, pain and unnecessary harassment. It was next pleaded that opposite party was not only deficiency in providing the service they were also guilty of unfair trade practice, hence this complaint.
3. Notice of the complaint was issued to the opposite parties. The notice issued to opposite parties no.1 and 2 have not been received back and by taking the presumption they were proceeded against exparte vide order dated 6.8.2015. Only opposite party no.3 had appeared through his counsel and filed the written reply stating therein that complainant himself admitted that he purchased Zync Pad Z1000 9.7 Inch calling Tablet on 28.1.2013 through opposite party no.1 through courier service but the same was having manufacturing defect and was not working properly and after that it was returned to the concerned Company i.e. opposite parties no.1 and 2 through opposite party no.3 for repair/replacement. It was stated that complainant never approached the opposite party no.3 to collect his tablet, he only sent e-mail to opposite party no.3 regarding this. Opposite party no.3 was not deficient in providing the service nor opposite party no.3 was guilty of unfair trade practice as opposite party no.3 was not liable for any manufacturing defect. The opposite parties no.1 and 2 only liable for the same. It was further stated that opposite party no.3 waived the opposite parties no.1 and 2 two years back and complainant never come to collect his tablet. All other averments made in the complaint have been denied and lastly the complaint has prayed to be dismissed.
- Complainant has tendered into evidence his own affidavit Ex.C1 along with documents Ex.C2 to Ex.C45 and closed the evidence.
5. Sh.Deepak Ghai proprietor of M/s Ghai Communication i.e. opposite party no.3 has tendered into evidence his own affidavit Ex.OP-3/1 and closed the evidence.
6. We have heard the arguments advanced by the complainant and counsel for the opposite party no.3 and have also appreciated the evidence produced on record with the valuable assistance for the purpose of adjudication of the present complaint.
7. The complainant has made a statement that during the pendency of this complaint opposite party no.2 approached him and replaced his tablet with new one.
8. We have anxiously considered the contention of the complainant in the light of evidence on record and have found that the stand of the complainant is supported from the evidence led by him in the form of affidavit Ex.C-1 wherein it is asserted that he purchased a zync pad z1000 9.7 inch calling tablet. It has further asserted that the above said zync pad z1000 tablet had manufacturing defect and was not working properly.
9. From the evidential part, it is proved that the complainant time and again requested the opposite parties no.1, 2 and 3 through e-mails as well as personal visits to opposite party no.3 for removal of his grievance but was unnecessarily harassed by the opposite parties which amounts to deficiency in service on their part. Now during the pendency of this complaint the opposite party no.2 has replaced the tablet with new one and as such, the complainant is found entitled to the appropriate compensation. The opposite parties no.1 and 2 did not bother to appear in the Forum and failed to satisfy the complainant and also did not care to contest the claim of the complainant and rebut the evidence led by him as aforesaid and as such it can be concluded without any hesitation that either they admit the claim of the complainant or they have nothing to say in the matter. In this way, the evidence led by the complainant goes unrebutted and unassailed qua opposite parties no.1 and 2 and as such opposite parties no.1 and 2 are found deficient in providing the services to the complainant. Opposite party no.3 has stated in its reply that he is not liable for any manufacturing defect in the tablet as he has left the opposite parties no.1 and 2 two years back. Hence we partly allow the present complaint by giving directions for payment of compensation to the complainant. We order and direct the opposite parties no.1 and 2 to pay Rs.10,000/- as compensation for and on account of mental agony and harassment caused to him within 30 days from the date of receipt of copy of orders, failing which they will pay the aforesaid amount alongwith interest @ 9% P.A. from the expiry of 30 days.
10. Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to record.
(Naveen Puri)
President.
ANNOUNCED: (Jagdeep Kaur)
OCT. 09, 2015 Member.
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