Haryana

Panchkula

CC/81/2016

RAVI KANT. - Complainant(s)

Versus

YU TELEVENTURES PVT.LTD.& ANOTHER. - Opp.Party(s)

COMPLAINANT IN PERSON.

01 Jul 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,  PANCHKULA.

                                                                   

Consumer Complaint No	:	81 of 2016
Date of Institution	:	11.04.2016
Date of Decision	:	01.07.2016

                                                                                          

Ravi Kant, aged 35 years, S/o Sh.Mohinder Singh, R/o village Kandaiwala, Tehsil and District Panchkula.

                                                                                       ….Complainant

Versus

 

1.       Yu Televentures Pvt. Ltd., Plot No.21/14, Block A, Naraina, Industrial Area, Phase-2, New Delhi-110028 through its Managing Director/Director/Prop./Partner/Authorized Signatory.

          2^nd Address:-

Customer Care Officer, YU Televentures Pvt. Ltd., 90B, Sector-18, Gurgaon, Haryana-122016, India.

2.       M/s Mobile 11 Enterprises, SCO 11, 1^st floor, Sector-11, Panchkula-134109 through its Prop.

                                                                                        ….Opposite Parties

COMPLAINT UNDER SEC. 12 OF THE CONSUMER PROTECTION ACT, 1986.

 

Before:                 Mr.Dharam Pal, President.

Mrs.Anita Kapoor, Member.

                             Mr.S.P.Attri, Member.

 

For the Parties:     Complainant in person. 

Ops already ex-parte.

ORDER

(Dharam Pal, President)

 

1. The present complaint has been filed by the complainant against the Ops with the averments that he purchased a Yu Yuphoria (Champagne Gold) X000EN1QP9 mobile phone online bearing IMEI No.911436251912519/ 911436251912501 from the Op No.1 through Amazon for an amount of Rs.6,999/- vide retail invoice No.HR-DEL2-14405041-2927166 dated 21.07.2015 (Annexure C-2) with a warranty of one year. But after some days of purchase of mobile phone, it started giving problem of display fading. The complainant contacted the customer care center of Op No.1 and told it that there was problem of display fading. The customer care center directed the complainant to hand over the mobile phone to the Op No.2. The complainant approached the OP No.2 and gave his mobile phone to Op No.2 vide job sheet No.2122127-0216-21935496 dated 16.02.2016. The Op No.2 assured the complainant that the problem would be removed from the mobile phone and directed the complainant to come after 10-12 days. After 10-12 days, the complainant approached the Op No.2 but the mobile phone was not handed over to him and the problem was not removed from the mobile phone either and the same is still lying with the Op No.2 till the filing of complaint. Thereafter, the complainant visited Op No.2 many times for rectification of fault but to no avail. The complainant requested the Op No.2 to replace the mobile phone with new one but to no avail. This act of the opposite parties amounts to deficiency in service on their part. Hence, this complaint.
2. Notice was issued to the Ops through registered post. But none has appeared on behalf of the Ops. It is deemed to be served and the Ops were proceeded against ex-parte vide order dated 17.05.2016.
3. The complainant has tendered the evidence by way of affidavit Annexure C-A alongwith documents Annexure C-1 & C-2 and closed the evidence.
4. We have heard the complainant appearing in person and have also perused the record carefully and minutely.
5. It is evident from Annexure C-2 that the complainant purchased a Yu Yuphoria mobile phone (Champagne Gold) X000EN1QP9 online bearing IMEI No.911436251912519/ 911436251912501 from the Op No.1 through Amazon for an amount of Rs.6,999/- vide retail invoice No.HR-DEL2-14405041-2927166 dated 21.07.2015 with a warranty of one year. But after some days of its purchase, it started giving problem of display fading. The complainant contacted the customer care center of Op No.1 and told him about the problem of display fading. The customer care center directed the complainant to hand over the mobile phone to the Op No.2. The complainant approached the OP No.2 and submitted his mobile phone to Op No.2 vide job sheet No.2122127-0216-21935496 dated 16.02.2016 in which the problem was also reported as ‘Display Fading’. The Op No.2 assured the complainant that the problem would be removed from the mobile phone and directed the complainant to come after 10-12 days. After 10-12 days, the complainant approached the Op No.2 but the mobile phone was not handed over to him which is still lying with the Op No.2. The complainant also requested the Op No.2 to replace the mobile phone with new one but to no avail. The complainant has also filed his duly sworn affidavit (Annexure C-A).
6. Moreover, the Ops did not appear to contest the claim of the complainant and preferred to be proceeded ex-parte, which draws an adverse inference against them. The non-appearance of the Ops shows that they have nothing to say in their defence or against the allegations made by the complainant. Therefore, the assertions made by the complainant go unrebutted and uncontroverted. As such, the same is accepted as correct and deficiency in service on the part of the Ops is proved.
7. In view of the above discussion, we are of the opinion that the present complaint deserves to be allowed and the same is accordingly allowed. The Ops are directed as under:-

(i)      To replace the mobile phone with new one with same model with a warranty of one year to the complainant or to refund the amount of Rs.6999/- alongwith interest @ 9% from the date of receipt of payment till realization.

(ii)     To pay an amount of Rs.2500/- as compensation for mental agony and harassment.

 

Let the order be complied with within the period of 30 days from the receipt of certified copy of this order.  A copy of this order be sent to the parties free of costs and file be consigned to the record room after due compliance.

 

Announced

01.07.2016     S.P.ATTRI           ANITA KAPOOR         DHARAM PAL

                         MEMBER          MEMBER                      PRESIDENT

Note: Each and every page of this order has been duly signed by me.

 

                                          

                                                         DHARAM PAL

                                                          PRESIDENT