Jammu and Kashmir

Jammu

CC/25/2018

VISHAL GUPTA - Complainant(s)

Versus

XIAOMI - Opp.Party(s)

GOURAV SANGRAL

20 Oct 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,JAMMU

(Constituted under J&K Consumer Protection Act,1987)

                                                          .

 Case File  No.               370/DFJ           

 Date of  Institution       21-12-2017

 Date of Decision          04-10-2018

 

Vishal Gupta,

S/O Sh.Ghani Sham Gupta,

R/O H.No.189 Gali Gujran,

Super Bazar,Jammu.

                                                                                                                                                Complainant

           V/S

1. Xiamoi (MI) Technology  India Pvt.Ltd.

    8^th Floor Tower-1 Umiya Business Bay,Marathahalli-Sarjapur,

Outer Ring Road,Banglore-560103,,Karnataka,India.

2.Cell Shell,430,JMC Main Road High Court,

  Janipur Jammu-180007.

3.Xiaomi MI Mobile Phones Service Centre,

   4-Romesh Market,Extension-7, Shastri Nagar

    (Near Dogra Higher Secondary School),Jammu.

                                                                                                                                                      Opposite parties

 

CORAM

                 Khalil Choudhary   (Distt.& Sessions Judge) President

                  Ms.Vijay Angral                                                      Member

                  Mr.Ghulam Sarwar Chauhan                              Member                                         

       

In the matter of: Complaint under section 10 of J&K Consumer

                              Protection Act 1987.

 

Mr.Gourav Sangral,Advocate for complainant, present.

Mr.Arvind Khajuria,Advocate for OP1,present.  

Nemo for Ops2&3.

 

 

                                                                      ORDER

                     

                             Facts relevant for the disposal of complaint in hand are that; complainant said to have purchased handset Mi A1 Gold from OP2 on,29-11-2017 vide bill No.2153 for sale consideration of Rs.15,000/copy of bill is annexed as Annexure-A.Grievance of complainant is that within two days of purchase, the said handset developed some manufacturing defects, like, automatically got switch off and thereafter never turned on, complainant approached OP2 for  replacement of handset, but OP2 straightway refused to replace the handset and refused to tender any help to him. That the complainant thereafter approached OP3  and showed the handset to the representative of OP3,but the representative of OP3 refused to help him. Allegation of complainant is that he repeatedly approached Ops for replacement of handset, but the Ops paid no heed to his requests. Submission of complainant is that Ops delivered handset which was marred by manufacturing defect, therefore, same constitutes deficiency in service, therefore, prays for refund of cost of handset to the tune of Rs.15,000/- and in addition, also prays for compensation and litigation charges of Rs.25,000/-

                 On the other hand,OP1 filed written version and while denying the allegation of complainant, went onto submit that there is no deficiency of service or un fair trade practice on its part. That the OP2 is a vendor and the OP3 is an authorized service centre of OP1.The complainant has purchased the phone sold under the Mi brand,namely,the Mi A1 Gold  mobile phone from OP2.It is submitted that complainant never approached OP1 or any of its agents in connection with issues in the Product-which prevented OP`1 to provide any remedy whatsoever to the complainant. Except for mere allegations and unsupported averments, complainant has failed to furnish any evidence such as a job sheet in connection with any visits to the authorized service of OP1.Additionally,the complainant has not provided any evidence regarding manufacturing defects in the product. Rest of the contents of complaint are denied by OP1.

                                In so far as OP,2&3 are concerned, despite notice did not take any action to represent their  case in this Forum, either to admit the claim of complainant or to deny the same within stipulated period, provided under the Act. Thereafter, the right of the OP,2&3 to file reply was closed, vide order dated, 09-02-2018.

                   Complainant adduced evidence by way of duly sworn her own evidence affidavit and affidavit of Shivani. Complainant has placed on record copy of tax invoice.

                On the other hand,OP1 adduced evidence by way of duly sworn evidence affidavit of Mr.Saneer BS Rao Authorised Representative of Xiaomi Technology India Pvt.Ltd.

                      We have perused case file and heard L/Cs appearing for the parties at length.

                    To be brief, allegation of complainant is that he purchased  handset manufactured by OP1,but within two days from its purchase, handset was marred by defects,however,despite repeated requests,OPs failed to remove  the alleged defects. On the other hand,Op,2&3 despite service of notice, did not choose to defend themselves before the Forum,therefore,their right to file written version was closed.                  

                           In so far as, allegation of complainant regarding defects in the handset are concerned and failure of OP,2&3 to remove alleged defects, same went unchallenged from OP,2&3 side.

                 In support of his allegations, complainant filed his own duly sworn evidence affidavit and affidavit of Shivani which are verbatim reproduction of contents of complaint,therefore,need no reiteration. Complainant has also placed on record copy of cash bill.            

               On the other hand, OP,2&3 despite being duly served, failed to take any action to represent their case in this Forum, either to admit the claim of the complainant or to deny it, so there is no reply filed by OP,2&3 in this complaint and there is also no evidence to rebut the case of the complainant. The present case of the complainant is covered by Section 11 (2) (b) (ii)of the Consumer Protection Act,1987, which provides that in a case where the Op1 omits or fails to take any action to represent their case within the time given by Forum, in that situation the Forum shall settle the consumer dispute on the basis of evidence brought to its notice by the complainant. Sub-Clause (ii) of the Section 11, of Act of 1987, clearly, provides that when OP,2&3 omits or fails to take any action to represent their case before the Forum, the dispute has still to be decided on the basis of the evidence brought to its notice by the complainant.

                      From perusal of the documentary evidence and affidavits filed by complainant, it is found that complainant has succeeded in proving his case, against OP,2&3 despite making repeated requests, therefore, a case is made out by complainant for deficiency in service on the part of OP,2&3,in not redressing his grievance.

                  Therefore, in view of aforesaid discussion, we are of the opinion that the complainant has succeeded in proving deficiency in service on the part of OPs 2&3.as such,OPs 2&3 are directed to refund cost of handset to the tune of Rs.15,000/.-to the complainant, who in turn returned the handset with all accessories to OPs. OPs,2&3 are further directed to pay Rs.5,000/as compensation for mental agony and harassment and litigation charges of Rs.5000/-to the complainant. The awarded amount be deposited in this Forum within one month from the date of receipt of this order. The complaint is accordingly disposed of and file be consigned to records after its due compilation.

Announced                                                 (Khalil Choudhary)                                        

 04-10-2018                                                (Distt.& Sessions Judge)

 Agreed by                                                      President                                                      

                                                                       (District Consumer Fourm)

Ms.Vijay Angral                                                 Jammu.

Member

 

Mr.Ghulam Sarwar Chauhan

Member