BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 75 of 2014
Date of Institution : 10.6.2014
Date of Decision : 10.2.2016
Davinder Singh son of Sh.Gurdeep Singh, r/o village Nakora, Tehsil Rania Distt.Sirsa.
……Complainant.
Versus
- Yash Enterprises, Maina Bazzar, Ellenabad through its Prop/Partner/Manager.
- Karbon Care Centre, Bishnoi Market, Sirsa through its Prop/Partner/Manager.
- Karbon Mobiles Company, D-170 Okla Industrial Area, Phase-I, New Delhi- 110020 through its Prop/M.D/Auth. Person.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SMT.GURPREET KAUR GILL……………PRESIDING MEMBER
SH. RAJIV MENTHA…….…… MEMBER.
Present: Sh.Bhupinder Khattar, Advocate for the complainant.
Opposite parties already exparte.
ORDER
In brief, complainant on 26.7.2013, purchased one mobile hand set, Make Karbonn for Rs.11,500/- from opposite party no.1 vide invoice No.YE/2013-14/1219. It was with warranty of one year. But, during this warranty period, the mobile set started giving problems of touch and hanging about 10 times in a day. The complainant contacted opposite party no.1, who got repaired the same by his mechanic two times, but the problem remained same and now the battery back up of the mobile has also been very reduced and it became discharge within few hours. The complainant contacted Op no.2 and customer receipt no.C-542 was issued, but they refused to rectify the fault. Hence, the present complaint for a direction to the opposite parties, either to replace the mobile set or to refund its price, with upto date interest, besides damages for harassment, mental agony, humiliation etc. and litigation expenses.
2. Opposite parties no.1 was duly proceeded against exparte vide order dated 27.3.2015 and opposite parties no.2 and 3 were duly proceeded against exparte vide order dt. 30.10.2014.
3. In order to make out his case, the complainant has placed on record Ex.CW1/A-his own supporting affidavit; Ex.CW1/B- affidavit of Sh.Bhupinder Singh; Ex.C1-purchase receipt; Ex.C2-job sheet; Ex.C3 and Ex.C6-postal receipts; Ex.C4 and Ex.C7-registered envelops; Ex.C5, Ex.C8 and Ex.C9-postal acknowledgements.
4. We have heard learned counsel for the complainant and have gone through the record carefully.
5. It is admitted fact that the complainant purchased one mobile hand set, Make Karbonn for Rs.11,500/- from opposite party no.1 vide invoice No.YE/2013-14/1219 on 26.7.2013. During the warranty period, the mobile set started giving problems of touch and hanging about 10 times in a day. The complainant contacted opposite party no.1, who repaired twice but the problem remained same and the battery back up of the mobile also reduced. The complainant contacted Op no.2 through customer care centre on dated 8.5.2014 and Job no.C-542 Ex.C2 was issued.
6. Despite several visits the mobile set had not been repaired. The Ops failed to appear before this Forum and proceeded exparte. As such, no version on behalf of Ops has been filed in this case. In these circumstances, it can be said that the Ops have nothing to deny the claim of the complainant. We have no reason to disbelieve the unrebutted evidence of the complainant. In our view, Ops have adopted unfair trade practice for the purpose of promoting the sale in representing that the articles of a particular standard, quality and quantity, whereas the truth is otherwise as happened with the complainant in this case. Accordingly, we held the Ops guilty under Section 2(f)2(g) and 2(r) of the Consumer Protection Act, 1986 as amended upto date for adopting unfair trade practice for sale of the defective mobile set.
7. As discussed above, it is proved that the complainant is the consumer of the Ops. The Ops are liable for harassment of the complainant with their poor service and careless behavior. We accept the complaint with cost of Rs.1000/- and direct the Ops to replace the mobile hand set with new one of the same quality within one month, otherwise to refund Rs.11500/- price of the mobile with interest @ 9% per annum from the date of filing of this complaint i.e. 10.6.2014, till payment. All the opposite parties are jointly and severally liable for compliance of this order. Copy of this order be supplied to the parties free of cost. File be consigned to record room after due compliance.
Announced in open Forum. Presiding Member,
Dated:10.2.2016. Member. District Consumer Disputes
Redressal Forum, Sirsa.
Davinder Singh Vs. Yash Enterprises etc.
Present: Sh.Bhupinder Khattar, Advocate for the complainant.
Opposite parties already exparte.
Ld. counsel for complainant closed the evidence after tendering documents Ex.CW1/B and Ex.C1 to Ex.C9. Arguments heard. Now to come up on 10.2.2016 for order.
Dt: 28.1.2016. Member. Presiding Member,
DCDRF,Sirsa.
Present: Sh. Bhupinder Khatter, Advocate for the complainant.
Opposite parties already exparte.
Order announced. Vide separate order of even date, complaint has been
allowed with costs. File be consigned to record room after due compliance.
Announced in open Forum. Presiding Member,
Dated:10.2.2016. District Consumer Disputes
Redressal Forum, Sirsa.
Member.
