DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA
CC.No.142 of 10-02-2014
Decided on 04-04-2014
Puran Chand aged about 50 years S/o Vasu Ram R/o Gali No.1, Near Bikaner Railway Crossing, Hari Nagar, Lal Singh Basti, Bathinda.
........Complainant
Versus
1.Naveen Telecom, Qila Road, Bathinda, through its Partner/Proprietor.
2.Karbon Customer Care Service D-170, Okhla Industrial Area, Phase-1, New Delhi 110020, through its Authorized/Competent Person.
3.Karbon Customer Care Centre, AC Market, Near Rajesh Cinema, The Mall, Bathinda, through its Authorized Person.
.......Opposite parties
Complaint under Section 12 of the Consumer Protection Act, 1986.
QUORUM
Smt.Vikramjit Kaur Soni, President.
Smt.Sukhwinder Kaur, Member.
Sh.Jarnail Singh, Member.
Present:-
For the Complainant: Sh.Faqir Chand, counsel for the complainant.
For Opposite party: Opposite parties ex-parte.
ORDER
VIKRAMJIT KAUR SONI, PRESIDENT:-
1. The instant complaint has been filed by the complainant under section 12 of the Consumer Protection Act, 1986 as amended upto date (Here-in-after referred to as an 'Act'). The brief facts of the complaint are that on the allurement of the opposite party No.1, the complainant has purchased one Karbon Titanium S-5 mobile handset bearing IMEI No.911309353401352 and 911309353401360 dual Sim for Rs.10,500/- vide bill No.501 dated 15.9.2013 from the opposite party No.1 with one year warranty. At the time of selling of the abovesaid mobile handset the opposite party No.1 assured the complainant that if there would be any defect, it would get removed from any of the service centre of Karbon, throughout India and also assured him for the counter replacement. The complainant further alleged that since the date of its purchase, the abovesaid mobile handset is giving the problems in its use and operation of its keypad is not working and also shuts down/power off itself, as there is some manufacturing defect in it. The complainant approached the opposite party No.1, it asked him to approach the opposite party No.3, the authorized service centre. On 25.11.2013, the complainant approached the opposite party No.3 and handed over the abovesaid mobile handset to the opposite party No.3, it assured him that it would remove the defects in it. After few days the complainant approached the opposite party No.3 to collect his mobile handset in question, but the opposite party No.3 neither returned the mobile handset in question to him nor repaired it and since then it is lying with the opposite party No.3. Hence the present complaint filed by the complainant to seek the directions of this Forum to the opposite parties to refund the price of the mobile handset in question i.e. Rs.10,500/- alongwith cost and compensation.
2. Notice by hand/dasti has been sent to the opposite party Nos.1 and 3. The opposite party No.1 has received the notice on dated 4.3.2014 and the opposite party No.3 on dated 24.2.2014 and registered notice has been sent to the opposite party No.2 on dated 20.2.2014 vide postal receipt No.A RP310630070IN, but despite receiving the summons, none appeared on behalf of the opposite parties before this Forum, hence ex-parte proceedings are taken against them.
3. The complainant has led ex-parte evidence to support his allegations. He has produced Ex.C1:-Photocopy of bill dated 15.9.2013; Ex.C2:-Photocopy of job sheet; Ex.C3, his own affidavit dated 7.2.2014 and Ex.C4, his own affidavit dated 27.3.2014.
4. The arguments advanced by the learned counsel of the complainant heard at length. Record alongwith written submissions submitted by the learned counsel of the complainant perused.
5. The mobile handset purchased by the complainant became defective after 4-5 days of its purchase, it started giving the problems as its keypad is not working and itself shut down/power off. The complainant approached the opposite party No.3 and handed over the abovesaid mobile handset to the opposite party No.3 on dated 25.11.2013. The opposite party No.3 failed to rectify the problems in the mobile handset in question as it has neither returned the mobile handset in question to the complainant nor repair it and since 25.11.2013 it is lying in the possession of the opposite party No.3.
6. The complainant has purchased the mobile handset in question on dated 15.9.2013 for the amount of Rs.10,500/-, it became defective on dated 25.11.2013 i.e. approximately within 2 months of its purchase. A perusal of Service Job Sheet, Ex.C2, shows 'Voice of customer:-Dead handset/VOC36', this job sheet shows that the mobile handset of the complainant was dead when it was handed over to the opposite party No.3. None of the opposite parties have appeared before this Forum despite the fact that due summons have been served to them, their non-appearance itself confirms that they were unable to rectify the problems in the mobile handset in question and have not given adequate services to the complainant, which amounts to deficiency in service on the part of the opposite parties. The complainant has filed this complaint on dated 10.2.2014 and this complaint has been decided on dated 4.4.2014, between this period also the opposite parties have not shown any efforts to redress the grievances of the complainant, thus their non-appearance is their refusal to rectify the defects in the abovesaid mobile handset, which proves that there is inherent manufacturing defect in the mobile handset in question and the opposite parties are unable to rectify the same.
7. Therefore in view of what has been discussed above we are of the considered opinion that there is deficiency in service on the part of the opposite party Nos.2 and 3. Hence this complaint is accepted with Rs.5000/- as cost and compensation against the opposite party Nos.2 and 3 and dismissed qua the opposite party No.1. The opposite party Nos.2 and 3 are directed to refund the amount of Rs.10,500/- (Price of the mobile handset in question as per Ex.C1) to the complainant.
8. The compliance of this order be done within 30 days from the date of receipt of the copy of this order.
9. In case of non-compliance, the interest @ 9% per annum will yield on the amount of Rs.10,500/- till realization.
10. A copy of this order be sent to the parties concerned free of cost and file be consigned to the record room.
Pronounced in open Forum:-
04-04-2014
(Vikramjit Kaur Soni)
President
(Sukhwinder Kaur)
Member
(Jarnail Singh)
Member
