Manpreet Singh filed a consumer case on 14 May 2019 against Bedi Telecom Warraich Market in the DF-I Consumer Court. The case no is CC/29/2019 and the judgment uploaded on 16 May 2019.
2. Service Care Centre, SCO 2471-72, 1st Floor, Sector 22-C, Chandigarh – 160022, Chandigarh.
3. Manager, Customer Care, Xiaomi Technology India Pvt. Limited, 4th Floor, Ozone Manay Tech. Park, Hongasandra, Bangalore, Karnataka – 560068.
……Opposite Parties
QUORUM:
SH.RATTAN SINGH THAKUR
PRESIDENT
MRS.SURJEET KAUR
MEMBER
DR.S.K.SARDANA
MEMBER
ARGUED BY
:
Complainant in person.
:
Opposite Parties ex-parte.
PER SURJEET KAUR, MEMBER
In brief, the Complainant had purchased a Redmi (MI) mobile handset from Opposite Party No.1 vide bill dated 05.07.2018 for Rs.10,500/-. Right from day one, there had been a problem in its touch and on approaching Opposite Party No.2, it demanded Rs.3500/- and after negotiations Complainant paid Rs.2850/- for installing the software and certain parts. Notwithstanding this, the problem remained static, as no software was changed by Opposite Party No.2. The Complainant again approached Opposite Party No.2 on 17.01.2019, but it refused to repair the same. Aggrieved by the action of Opposite Party No.2, the Complainant even made a Complaint to the Opposite Party No.3, but to no avail. With the cup of woes brimming, the Complainant has filed the instant Consumer Complaint, alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Parties.
Notice of the complaint was sent to Opposite Parties seeking their version of the case.
Opposite Parties did not turn up in spite of service, as such, they were proceeded ex-parte.
Complainant led evidence.
We have gone through the entire record and heard the arguments addressed by the Complainant.
Significantly, the Opposite Parties did not appear to contest the claim of the Complainant and preferred to proceed against ex-parte.
It is evident from Annexure C-2 the invoice dated 05.07.2018 that the Complainant purchased the handset in question from Opposite Party No.1 for Rs.10,500/-. As per Annexure C-1 the Service Record, Touch Panel (TP) was not working in the handset and being defected due to liquid damage it was out of warranty and after paying an amount of Rs.2850/- the Complainant got the fault fixed in the handset. As per the Complainant after this repair, the problem in the handset remained static and when he complained Opposite Parties, his grievance was not redressed. It is important to note, per Service Record (Annexure C-1) the Complainant paid Rs.2850/- on 17.01.2019 to Opposite Party No.2 for carrying out necessary repairs; while the present Complaint was filed on 18.01.2019 i.e. on the very next date of the repair in question. The Complainant has miserably failed to produce on record any job-sheet/service record to show that any fault was again reported to the Opposite Parties and the same was not rectified. Pertinently, the onus is on the Complainant to lead evidence and put on record reports of experts to show that the mobile handset in question suffers from any manufacturing defect. However, the Complainant has not placed on record any such report. In the absence of the same, the allegations of the Complainant are hollow and deserve no merit. Hence, in our opinion, no case is made out against Opposite Parties and the present Complaint qua Opposite Parties deserves to be dismissed.
For the reasons recorded above, we do not find even a shred of evidence to prove any deficiency in service or unfair trade practice on the part of Opposite Parties. Consequently, the Consumer Complaint fails and the same is dismissed, leaving the parties to bear their own costs.
The certified copies of this order be sent to the parties free of charge. The file be consigned.
Sd/-
Sd/-
Sd/-
14/05/2019
[Dr.S.K.Sardana]
[Surjeet Kaur]
[Rattan Singh Thakur]
Member
Member
President
“Dutt”
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