DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BARNALA, PUNJAB.
Complaint Case No : 157/2017
Date of Institution : 13.11.2017
Date of Decision : 09.03.2018
Bhupesh Bansal aged about 41 years son of Sh. Prem Kumar Bansal resident of Mohan Lal Colony, Near S.D. College, Barnala.
…Complainant
Versus
Manish Telecom, Near Railway Station, Sadar Bazar, Barnala, through its Authorized Signatory.
LAVA International Ltd., A-56, Sector-64, NOIDA-201301 (U.P.) through its Authorized Signatory.
LAVA Service Centre, 1st Floor, S.D. Sabha Complex, Handiaya Bazar, Barnala through its Authorized Signatory.
…Opposite Parties
Complaint Under Consumer Protection Act, 1986
Present: Sh. Anuj Mohan counsel for the complainant.
opposite parties exparte.
Quorum.-
1. Shri Sukhpal Singh Gill : President
2. Ms. Vandna Sidhu : Member
ORDER
(MS. VANDNA SIDHU MEMBER)
As per complaint No. 157 of 2017, on 1.1.2016 the complainant visited the shop of opposite party No. 1 and offered to purchase one mobile set having facility of 4G services and opposite party No. 1 sold mobile set Model LAVA X-10 to the complainant for an amount of Rs. 10,500/- which is manufactured by opposite party No. 2a and the complainant paid Rs. 10,500/- and to this effect the opposite party No. 1 issued invoice No. 2974 dated 1.1.2016. It is alleged that at the time of purchasing the said mobile set, the opposite party No. 1 had assured the complainant the said mobile set has got function and facility of 4G LTE. The complainant inserted 4G sim in the said mobile set in the month of July 2017 and found that the said mobile set was not in a position to provide 4G facility and complainant immediately contacted the opposite party No. 1, who asked the complainant that the complainant should approach the service centre of opposite party No. 2. Then the complainant visited the opposite party No. 2 and the said service centre charged Rs. 100/- from him and kept the mobile set and asked the complainant to collect the same after 24 hours, as the necessary facility of 4G services will be activated. The complainant visited the service centre on the next day and collected the said mobile set and again found that the mobile set was deficient in service and was not providing 4G facility. As such, the act of the opposite parties clearly amounts to deficiency in service and unfair trade practice. Hence the complaint is filed for seeking the following reliefs:-
To replace the mobile set with a new one in which the 4G service is provided. Or in alternative to refund the price of mobile set i.e. Rs. 10,500/-.
To pay Rs. 20,000/- as mental agony and harassment and Rs. 5,5,00/- as litigation expenses.
2. Notice was sent to opposite parties but none appeared on their behalf and were proceeded against exparte.
3. To prove his case the complainant tendered into evidence his affidavit Ex.C-1, copy of bill dated 1.1.2016 Ex.C-2, copy of box Ex.C-3, affidavit of Harish Goyal Ex.C-4 and closed the evidence.
4. After perusing the entire record and hearing arguments counsel of the complainant, as per Ex.C-2 complainant purchased one Mobile Set of Rs. 10,500/- from opposite party No. 1 on dated 1.1.2016. Alleged mobile set is model of LAVA X-10 which is manufactured by opposite party No. 2 and opposite party No. 3 is its service center. During the time of purchasing the alleged mobile opposite party No. 1 by representation assured to the complainant that the said mobile has got function and facility of 4G LTE. So, the complainant purchased the said mobile by opposite party No. 1 and inserted 4G sim in the said mobile set in the month July 2017 and found that the said mobile set was not in position to provide 4G facility. Complainant made contact with the opposite party No. 1 and informed to him that the alleged mobile was not functioned for providing 4G facility. Complainant visited the service center of opposite party No. 2 which is impleaded opposite party No.3, after getting suggestion by opposite party No. 1. Opposite party No. 3 kept the mobile set and informed to the complainant to collect the mobile set after 24 hours as the necessity facility of 4G service will be downloaded and the set will be activated for 4G facility. Next day complainant collected the alleged mobile set from opposite party No. 3 and found that the above said mobile set not providing service of 4G facility. After query by complainant from opposite party No. 3 this fact came in knowledge of the complainant that the alleged mobile set has no facility of 4G. As per Ex.C-1 opposite party No. 3 refused to give in writing about lack of facility of 4G service of the alleged mobile set. Ex.C-3 is the copy of box which showed picture of front and rear portion of mobile and also described features of alleged mobile like 3 GB Ram, 4G LTE. But as per view of the above stated Forum facility of 4G was not availed by complainant due to the deficiency in service by opposite party No. 2. Moreover, on 22.12.2017 opposite party No. 1 & 3 were served through Peon. Notice also sent to opposite party No. 2 through RC on 15.11.2017. But none has appeared in the above stated Forum and the opposite parties were proceeded against exparte on 22.12.2017.
5. So, the above stated Forum has a view that opposite party No. 1 & 2 did un-fair trade practice as per Section 2(f) of the Consumer Protection Act, 1986 because inspite of lack of facility of 4G opposite party No. 1 had represented and assured to the complainant that the alleged mobile has facility of 4G LTE and opposite party No. 2 make publication on the box of alleged mobile about 4G LTE.
6. In view of the above discussion, the above said complaint is allowed and opposite party No. 1 & 2 are liable severally or jointly to replace the mobile with new mobile which 4G service will be available. Or refund severally or jointly the amount of Rs. 10,500/- alongwith interest @ 6% per annum from the date of filing the present complaint till its realization. And pay Rs. 2,000/- for mental harassment. Compliance of this order be made within the period of 30 days from the date of the receipt of the copy of this order. Copy of the order be supplied to the parties free of costs. File be consigned to the records.
ANNOUNCED IN THE OPEN FORUM:
9th Day of March 2018
(Sukhpal Singh Gill)
President
(Vandna Sidhu) Member
