DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

BATHINDA.

CC.No.243 of 05-06-2013

Decided on 21-10-2013

Rajesh Kumar Bansal aged about 34 years S/o Raj Kumar Bansal R/o SCF No.96, Grain Market, Bathinda.

........Complainant

Versus

1.Vardhman Telecom, Main Power House Road, Near Gali No.5, Bathinda, through its Proprietor/Partner.

2.M/s Unitech, Shop No.6383/2481, Bangi House Street, Mehna Marg, Near Old Bus Stand, Bathinda, through its Proprietor/Partner.

3.Mircomax Information Ltd. Plot No.21/14, Block-A, Naraina Industry Area, Phase-II, New Delhi-110028, through its Managing Director/Chairman.

.......Opposite parties

Complaint under Section 12 of the Consumer Protection Act, 1986.

QUORUM

Smt.Vikramjit Kaur Soni, President.

Sh.Amarjeet Paul, Member.

Smt.Sukhwinder Kaur, Member.

Present:-

For the Complainant: Sh.S.R Bansal, counsel for the complainant.

For Opposite parties: Sh.Ishwinder Pal Singh, counsel for the opposite party No.1.

Opposite party Nos.2 and 3 ex-parte.

ORDER

VIKRAMJIT KAUR SONI, PRESIDENT:-

1. The instant complaint has been filed under section 12 of the Consumer Protection Act, 1986 as amended upto date (Here-in-after referred to as an 'Act') by the complainant. The brief facts of the complaint are that the complainant has purchased I pad/fun book, bearing serial No.V027271303100007449 and IMEI No.911303000133138 for Rs.7000/- paid in cash on 9.4.2013 from the opposite party No.1 vide bill No.402 dated 9.4.2013 with one year warranty for his children. After purchasing the said I pad/fun book, the children of the complainant started using the same for their entertainment, but however the same did not prove to be a good product and of best quality as assured by the opposite party No.1 and it started creating problems as its power used to switch off automatically and did not get start. The complainant took the said I pad/fun book to the shop of the opposite party No.1 and complained about the same on 7.5.2013 but it conveyed him to take the same to the shop of the opposite party No.2, the authorized service centre of the opposite party No.3. The complainant took the aforesaid I pad/fun book to the shop of the opposite party No.2 with the complaint 'power does not switch on', it retained the same vide job sheet dated 7.5.2013 and told him that some part of the abovesaid I pad/fun book is required to be replaced with new one that was not available and requested him to wait for some days. Thereafter the complainant visited the shop of the opposite party No.2 time and again and requested it to return the said I pad/fun book at the earliest possible after rectifying the same but the opposite party No.2 has failed to handover the said I pad/fun book during the holidays of the children of the complainant and has been putting the matter off on one or the other pretext. The complainant has also lodged a complaint with the opposite party No.3 through e-mail on 28.5.2013 vide No.MMX2805133012 but till date he has not received any response from the opposite parties, rather they have been delaying the matter on one or the other pretext. Hence the complainant has filed the present complaint to seek the directions to the opposite parties either to replace the aforesaid defective I pad/fun book or to refund the amount of Rs.7000/- or to give any additional or alternative relief to him alongwith cost and compensation.

2. Notice was sent to the opposite parties. The opposite party No.1 after appearing before this Forum has filed its separate written statement and pleaded that the complainant himself opted to purchase the abovesaid I pad/fun book. The warranty is not given by the opposite party No.1, it has been given by the company only and for warranty the customer has to go directly to the authorized service centre. The complainant has purchased the said I pad/fun book vide bill No.402 dated 9.4.2013 for Rs.7000/- from the opposite party No.1. The complainant never approached or requested the opposite party No.1 for any defect or refund of the amount. The opposite party No.1 is not liable for any guarantee/warranty or manufacturing defect.

3. The opposite party No.2 after appearing before this Forum has filed its separate written statement and admitted that it issued the job sheet dated 7.5.2013 to the complainant with the complaint 'power does not switch on' and requested him that some part/component of the said I pad/fun book is required to be replaced with new one that is not available and to wait for 15 to 20 days. The complainant never approached the opposite party No.2 for the delivery, rather it called him after approximately 20 days, but he did not turned up. There is no manufacturing defect in the said I pad/fun book. The opposite party No.2 called the complainant twice or thrice that his I pad/fun book is ready for the delivery but he did not turned up. The abovesaid I pad/fun book is ready for delivery.

After filing the reply on behalf of opposite party No.2 none appeared on behalf of opposite party No.2 before this forum after 15.10.2013, hence ex-parte proceedings are taken against the opposite party No.2 on 17.10.2013.

4. Registered notice has been sent to the opposite party No.3 on dated 7.8.2013 vide postal receipt No.A RP276637022IN but none appeared on behalf of the opposite party No.3 before this Forum despite receiving the summons, hence ex-parte proceedings are taken against the opposite party No.3.

5. The parties have led their evidence in support of their respective pleadings.

6. Arguments heard. The record alongwith written submissions submitted by the parties perused.

7. Admittedly, the complainant has purchased I pad/fun book vide bill No.402 dated 9.4.2013, bearing serial No.V027271303100007449, IMEI No.911303000133138 for Rs.7000/- from the opposite party No.1.

8. The abovesaid I pad/fun book became defective as its power used to switch off automatically and did not start. The complainant approached the opposite party No.1 on 7.5.2013, it asked him to approach the opposite party No.2 being the authorized service centre of the opposite party No.3. The opposite party No.2 retained the abovesaid I pad/fun book vide job sheet dated 7.5.2013 and conveyed the complainant that one of its part is required to be replaced with new one as the same is not available with it and the abovesaid I pad/fun book would be repaired when its part would be received from the opposite party No.3 and the abovesaid I pad/fun book would be handover to him after 15 to 20 days after repair.

9. The complainant submitted that the opposite party No.2 has not returned the abovesaid I pad/fun book at the earliest possible after rectifying the same during the holidays of this children, thus he lodged a complaint with the opposite party No.3 through e-mail on 28.5.2013 vide No.MMX2805133012 but till date he has not received any response from the opposite parties, whereas on the other hand the opposite party No.2 submitted that the complainant never approached it for the delivery, rather it called him after approximately 20 days, but he did not turned up. There is no manufacturing defect in the said I pad/fun book. The opposite party No.2 called the complainant twice or thrice that his I pad/fun book is ready for the delivery but till date he has not approached the opposite party No.2 to seek the delivery of the abovesaid I pad/fun book.

10. The problems reported in the abovesaid I pad/fun book were regarding the 'auto switch off the power and not start'. The defect in the abovesaid I pad/fun book has been admitted by the opposite party No.2 i.e. authorized service centre of the opposite party No.3. The opposite party No.2 has specifically pleaded that the

abovesaid I pad/fun book has some problem in it which has to be rectified after replacing the part with new one as the part was not available with it, it has to get the same from the opposite party No.3 and after replacing the abovesaid part, the abovesaid I pad/fun book would be working properly and there would be no problem in it in future. But the complainant did not come to collect the abovesaid I pad/fun book from the opposite party No.2 despite various phone calls made by the opposite party No.2 to the complainant. Here it is pertinent to mention that the opposite party No.2 has failed to give the details of the calls and has also not produced any documentary evidence regarding this, not only this the opposite party No.2 has also failed to specify the dates on which the calls were ever made. The opposite party No.2 has also failed to produce the abovesaid I pad/fun book before this Forum. If the opposite party No.2 had intention to deliver the abovesaid I pad/fun book to the complainant, it should have produced the same before this Forum but no such effort has been done by the opposite party No.2. Thus inference can be drawn that the abovesaid I pad/fun book has not been rectified by the opposite party No.2 despite keeping it for more than 20 days, till date the abovesaid I pad/fun book is in the possession of the opposite party No.2. During the pendency of this complaint also the opposite party No.2 never come forward to handover the abovesaid I pad/fun book to the complainant. If for the argument sake we believe the version of the opposite party No.2 that the abovesaid I pad/fun book is working properly and ready for delivery, even then this version of the opposite party No.2 is unbelievable as change of part itself confirms that there is some manufacturing defect in the abovesaid I pad/fun book and the opposite party No.2 has failed to rectify the same.

11. Thus keeping in view what has been discussed above 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 the abovesaid I pad/fun book i.e. Rs.7000/- to the complainant.

12. The compliance of this order be done within 45 days from the date of receipt of the copy of this order.

13. In case of non-compliance the interest @ 9% per annum will yield on the amount of Rs.7000/- till realization.

14. 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

21-10-2013

(Vikramjit Kaur Soni)

President

(Amarjeet Paul)

Member

(Sukhwinder Kaur)

Member