DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA

CC.No.573 of 23-12-2013

Decided on 19-03-2014

Rakesh Kumar Mangal S/o Surinder Kumar R/o 1030 MIG Model Town, Bathinda, Tehsil & District Bathinda.

........Complainant

Versus

1.Olive Telecom Company, Olive Telecom, 862 Udyog Vihar, Phase 5, Gurgaon, through its Chairman.

2.Lali Mobile Care, Amrik Singh Road, Bathinda, through its Owner/Partner/Authorized Partner Redington India Limited, Bathinda.

.......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.Amandeep Sharma, counsel for the complainant.

For Opposite parties: Opposite parties ex-parte.

ORDER

VIKRAMJIT KAUR SONI, PRESIDENT:-

1. This 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 the complainant has purchased one Olive Pad for Rs.6999/-, from Croma Store Bombay, manufactured by the opposite party No.1 on dated 24.3.2013. The abovesaid Olive Pad is not working properly since the date of its purchase. The complainant approached the opposite party No.2, the authorized service centre of the opposite party No.1 at Bathinda, and handed over the abovesaid Olive pad alongwith all its accessory and original bill to the opposite party No.2 on dated 5.7.2013, it issued him the job sheet No.3100. The complainant approached the opposite parties on dated 22.8.2013 and 4.9.2013 and made them a written request, but the opposite parties did not pay any heed to his requests. The complainant requested the opposite parties either to rectify the problem in the Olive pad or to replace it with new one. The abovesaid Olive pad is in the custody of the opposite party No.2. Each and everytime when the complainant visited the opposite party No.2, it did not listen to him properly. Thus the complainant is entitled for the replacement of the Olive pad in question with new one. Hence the present complaint filed by the complainant to seek the directions of this Forum to the opposite parties either to replace the defective Olive pad in question with new one or in alternative to refund its price alongwith interest, cost and compensation and to give any other additional or alternative or consequential relief for which he may be found entitled to.

2. Registered notice has been sent to the opposite party No.1 on dated 23.1.2014 vide postal receipt No.A RP295403175IN and the opposite party No.2 is served by hand on dated 25.1.2014 but despite receiving the summons, none appeared on behalf of both 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 legal notice; Ex.C2:-Photocopy of postal receipts; Ex.C3:-Photocopy of job card; Ex.C4, his own affidavit dated 18.3.2014 and Ex.C5 and Ex.C6:-Photocopies of letter.

4. 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 Olive Pad purchased by the complainant for Rs.6999/-, from Croma Store Bombay, manufactured by the opposite party No.1 on dated 24.3.2013, became defective soon after its purchase. The complainant approached the opposite party No.2 and handed over the abovesaid Olive pad alongwith all its accessory and original bill to the opposite party No.2 on dated 5.7.2013, it issued him the job sheet No.3100, but the opposite parties have failed to rectify the abovesaid Olive pad despite his repeated visits on dated 22.8.2013 and 4.9.2013. The complainant requested many times to the opposite parties to do the needful, but they have failed to do so. The complainant has also got issued a legal notice to the opposite parties on dated 11.10.2013.

6. A perusal of record placed on file shows that the complainant has purchased the Olive pad on dated 24.3.2013, the date of purchase has duly been mentioned in the job sheet No.3100 dated 5.7.2013, Ex.C3, this job sheet shows Problem:-Auto 'on' 'off'; Status in Warranty/Out of Warranty:-In warranty as per prop, but unit does not show IMEI. In this job sheet nothing has been mentioned that this product has ever been tempered with or given any reason for not showing its IMEI number. A further perusal of the said job sheet shows that as Olive pad in question has became defective just within 4 months of its purchase, the complainant has deposited his Olive pad alongwith its all accessory with the opposite party No.2, but till date it has not been repaired by the opposite parties. Moreover the opposite parties have failed to appear before this Forum intentionally, which shows that they do not want to bear the responsibility of the product manufactured by them. The non-appearance of the opposite parties is sufficient to prove that they were well aware of the fact that the product in question sold by them to the complainant was defective. Despite his repeated visits and requests, the opposite parties have failed to rectify the defect in the Olive Pad in question, which shows that there is inherent manufacturing defect in it. Furthermore the opposite party No.2 has failed to quote any reason in its job sheet that what was the reason for not showing the IMEI number in it.

7. Therefore in view of what has been discussed above there is deficiency in service on the part of the opposite parties. Hence this complaint is accepted with Rs.5000/- as cost and compensation against the opposite parties. The opposite parties are directed to refund the amount of Rs.6999/- to the complainant. The Olive Pad in question is already lying with the opposite party No.2 as such no direction can be given to the complainant in this regard.

8. The compliance of this order be done within 45 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.6999/- 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:-

19-03-2014

(Vikramjit Kaur Soni)

President

(Sukhwinder Kaur)

Member

(Jarnail Singh)

Member