Chandigarh

DF-I

CC/348/2015

Jaswinder Singh - Complainant(s)

Versus

Homeshop 18, - Opp.Party(s)

Savinder Singh Gill

25 Feb 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

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Consumer Complaint No.	:	CC/348/2015
Date of Institution	:	02/06/2015
Date of Decision	:	25/02/2016

 

 

Jaswinder Singh r/o H.No.2276, Sector 35-C, Chandigarh.

…..Complainant

V E R S U S

1.     Homeshop 18, 7^th Floor, FC-24, Sector 16A, Filmcity, Noida-201301, U.P. through its CEO/Authorised Signatory.

2.     North India Top Company (P) Ltd., TCI Supply Chain Solutions, c/o Acorn Warehouses & Logistics Park, 68 Vill. Kapriwas & Malpura, Rewari, Haryana-123106 though its Managing Director/authorized Signatory.

3.     Spice Retail Ltd., S. Global Knowledge Park, 19A & B, Sector-125, Noida-201301, U.P. through its Managing Director/Authorised Signatory.

4.     Vignesh Services, SCO 371, Sector 34A, Chandigarh through its proprietor/authorised signatory.

……Opposite Parties

 

 

 

QUORUM:	MRS.SURJEET KAUR	PRESIDING MEMBER
	SURESH KUMAR SARDANA	MEMBER

                                                               

 

 

ARGUED BY	:	Sh. Savinder Singh Gill, Counsel for complainant
	:	OPs 1, 2 & 4 ex-parte
	:	None for OP-3

                                         

PER SURJEET KAUR, PRESIDING MEMBER

1.         Sh. Jaswinder Singh, complainant has filed this consumer complaint under Section 12 of the Consumer Protection Act, 1986, against Homeshop 18 and others, Opposite Parties (hereinafter called the OPs), alleging that on 9.11.2014, he bought a Spice 5 inch Android Dual Core Phablet 508-Mobile through online shopping from OP-1 for Rs.4,999/- which was delivered to him on 12.11.2014. 

According to the complainant, only after a day of purchase he started experiencing problems in the handset; the display was not working properly.  On 15.11.2014 a complaint was registered with OP-1 and the complainant was given the address of OP-4. However, when the complainant approached OP-4 on 18.11.2014, it refused to redress his grievance. The complainant also sent a legal notice dated 15.12.2014 to the OPs asking them to either replace the handset or refund the amount paid, but, to no avail.  Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the OPs, the complainant has filed the instant complaint.

2.         OPs 1 & 2 did not appear despite due service, hence they were proceeded ex-parte vide order dated 20.7.2015. 
3.         In its written reply, OP-3 has averred that the every handset carries limited warranty of one year against any manufacturing defects for which the buyer is required to approach the authorized service centre for getting his/her handset repaired/replaced, but, the complainant failed to do so.  Pleading that there is no deficiency in service or unfair trade practice on its part, OP-3 has prayed for dismissal of the complaint qua it. 
4.         OP-4 did not appear despite due service, hence it was proceeded ex-parte vide order dated 4.12.2015. 
5.         In his rejoinder, the complainant has controverted the stand of OP-3 and has reiterated his own.
6.         The contesting parties led evidence in support of their contentions. 
7.         We have gone through the record and heard the arguments addressed by the learned Counsel for the complainant.
8.         The case of the complainant is that he purchased one mobile handset online from OP-1 for Rs.4,999/- on 9.11.2014 and the same was delivered to him on 12.11.2014.  As per the case of the complainant, the display of the mobile handset was not working properly and just after 3 days of its delivery, on 15.11.2014 a complaint was registered with OP-1, but, the same was never redressed. Even on 18.11.2014, the complainant himself went to OP-1, but, it could not resolve the problem of the handset in question.  The legal notice dated 15.12.2014 (Annexure C-2) was also not replied by any of the OPs.
9.         The stand taken by OP-3 is that the complainant himself failed to approach the authorised service centre for getting his handset repaired or replaced despite repeated reminders. 
10.         After going through the facts of the case, it is apparent that the mobile handset in question was purchased by the complainant from OP-1 for Rs.4,999/- vide retail invoice dated 9.11.2014. Even after making efforts to get the newly bought handset repaired or replaced, nothing could help and the OPs even failed to reply the legal notice dated 15.12.2014 (Annexure C-2) sent by the complainant.
11.         So far as the allegation of OP-3 that the complainant did not approach any of the OPs for repairs or replacement despite various reminders is concerned, it has failed to place on record any documentary evidence in support of the same.  OP-3 has also failed to specify which type of reminders or messages were sent by it to the complainant to redress his grievance.
12.         Pertinently, OPs 1, 2 & 4 chose not to appear before this Forum and were proceeded ex-parte. Therefore, the evidence produced by the complainant has gone unrebutted.
13.         In view of the above discussion, we are of the opinion that the present complaint deserves to succeed. The same is accordingly partly allowed. The OPs are directed as under :-

(i)     To refund the invoice price of the mobile handset in question i.e. Rs.4,999/- to the complainant;

 (ii)   To pay Rs.5,000/- as compensation for mental agony and harassment caused to the complainant;

(iii)   To pay Rs.5,000/- as costs of litigation to the complainant. 

14.         This order be complied with by the OPs within one month from the date of receipt of its certified copy, failing which they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of filing of the present complaint till realization, apart from compliance of direction at Sr.No.(iii) above.
15.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-
25/02/2016	[Suresh Kumar Sardana]	[Surjeet Kaur]
hg	Member	Presiding Member