Chandigarh

DF-I

CC/149/2015

Manpreet kaur - Complainant(s)

Versus

Sony Mobile Communications - Opp.Party(s)

In Person

19 May 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

============

Consumer Complaint  No	:	CC/149/2015
Date  of  Institution	:	10/03/2015
Date   of   Decision	:	19/05/2015

 

 

 

 

 

Manpreet Kaur, R/o House No.1655, Phase-7, Mohali.

 

….Complainant

Vs.

 

1.   Sony Mobile Communications (India) Private Limited, 2^nd Floor, A-31 Mohan Cooperative Industrial Estate, Mathura Road, New Delhi – 110044, through its Manager.

 

2.   Rai & Sons, SCO 60, Sector 47-C, Chandigarh, through its Proprietor.

 

3.   Chhabra Communication, Opposite Bus Stand, Sangrur – 148001 (Punjab), through its Proprietor.

 

…… Opposite Parties 

 

BEFORE:   SH. P.L. AHUJA                PRESIDENT

          MRS.SURJEET KAUR             MEMBER

          SH. SURESH KUMAR SARDANA     MEMBER

 

 

For Complainant	:	Sh. Tejinder Singh Sidhu, Counsel for Complainant.
For OPs	:	Ex-parte.

 

PER SURESH KUMAR SARDANA, MEMBER

 

 

 

          In brief, the Complainant had purchased one Sony XPERIA-ZR Black C5502 mobile phone from M/s Chhabra Communication (Opposite Party No.3) vide Bill dated 10.5.2014 (Annexure C-1). It has been averred that while explaining the features of the aforesaid mobile phone, the Opposite Party No.3 laid stress on the fact that it was water proof. It has been further averred that on 09.01.2015, some water splashed on the aforesaid phone and it stopped working. Accordingly, the Complainant took the aforesaid mobile phone to Opposite Party No.2, to get the defect rectified. Opposite Party No.2 issued a job-sheet dated 09.01.2015 (Annexure C-3) and informed the Complainant that since some sticker has changed colour, the handset has become out of warranty. It has been alleged that Opposite Party No.2 has further refused to repair/ replace the mobile phone. Faced with this situation, the Complainant even sent an e-mail to Opposite Party No.1, regarding the malfunctioning of the aforesaid mobile phone, but did not get any satisfactory reply. When all the frantic efforts made by the Complainant, failed to fructify, as a measure of last resort, alleging that the aforesaid acts of the Opposite Parties tantamount to deficiency in service and unfair trade practice, the Complainant has filed the instant Complaint u/s 12 of the Consumer Protection Act, 1986, seeking various reliefs.

 

2.     Notice of the complaint was sent to Opposite Parties, seeking their version of the case. However, nobody appeared on behalf of Opposite Parties despite service, therefore, they were proceeded ex-parte on 24.04.2015.

 

3.     Complainant led evidence.

 

4.     We have heard the learned Counsel for the Complainant and have also perused the record.   

 

5.     In the present circumstances, the averments of the complaint have gone unrebutted in the absence of the Opposite Parties who were duly served and preferred neither to appear in person, nor through their Counsel. It is established beyond all reasonable doubts that the complaint of the Complainant is genuine. The harassment suffered by the Complainant by making repeated visits to Opposite Party No.2 and 1 to get his defective mobile handset repaired, is also writ large.  Thus, finding a definite deficiency in service on the part of the Opposite Parties, we have no other alternative, but to allow the present complaint against the Opposite Parties.

 

6.     In the light of above observations, the present complaint succeeds against the Opposite Parties. The same is allowed. We direct the Opposite Parties, jointly & severally, to:-          

 

1. To replace the defective mobile handset of the Complainant with a brand new one of the same make, model and configuration, with fresh warranty.
2. To pay Rs.10,000/- as compensation for mental agony & harassment suffered by the complainant;
3. To pay Rs.7,000/- as costs of litigation.

 

 

7.     This order be complied with by the opposite parties, within 30 days from the date of receipt of its certified copy, failing which the Opposite Parties shall be liable to refund the cost price of the mobile handset i.e. Rs.25,500/-, as well as compensation amount of Rs.10,000/- along with interest @12% p.a. from the date of filing of the present complaint, till realization, besides payment of litigation costs.

 

8.     The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

19^th May, 2015                           

Sd/-

(P.L. AHUJA)

PRESIDENT

 

Sd/-

(SURJEET KAUR)

MEMBER

 

Sd/-

(SURESH KUMAR SARDANA)

MEMBER