DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA.<br /> CC.No.171 of 12.04.2010<br /> Decided on 10.06.2010<br /> <br /> Gurwinder Singh alias Goldy, aged about 21 years, son of Sh. Jagjeet Singh, resident of Quarter No.F-1, Central Jail, Bathinda.<br /> ........Complainant<br /> Versus<br /> 1) Vikram Tele Communication, House No.286, Veer Colony, Bathinda, through its partner/proprietor.<br /> 2) Lali's Mobile Care, Near Gupta Sanitary Store, Amrik Singh Road, Bathinda, through its proprietor/partner/authorized signatory.<br /> 3) M/s Matorola India Pvt. Ltd., Motorola Excellence Centre, 415/2, Mahrauli Gurgaon Road, Gurgaon, through its Managing Director/ authorized signatory.<br /> .......Opposite parties<br /> <br /> Complaint under Section 12 of the Consumer Protection Act, 1986.<br /> <br /> QUORUM<br /> <br /> Smt. Vikramjit Kaur Soni, President.<br /> Dr. Phulinder Preet, Member.<br /> Sh. Amarjeet Paul, Member.<br /> <br /> Present:-<br /> For the Complainant: Sh. Narinder Kumar, counsel for the complainant.<br /> For Opposite parties: Opposite party Nos. 1 to 3 exparte.<br /> <br /> ORDER<br /> <br /> VIKRAMJIT KAUR SONI, PRESIDENT:-<br /> <br /> 1. In brief, the complainant's case is that he had purchased a Motorola Mobile Phone Model V-8 manufactured by opposite party No.3 vide bill No.69, bearing serial No.35733501-0731965 for a sum of Rs.12,500/- from opposite party No.1 on 12.01.2009. The complainant alleged that since the date of its purchase, the said mobile set is not working properly and giving problems in key pad, bottom back, number dialing and in receiving incoming calls. Vide job sheet No.475 dated 14.10.2009 the mobile set in question was given for repair to opposite party No.2 through opposite party No.1. Inspite of assurance to the complainant regarding repair of mobile handset within one week, complainant repeatedly visited to opposite party No.2 (Service Centre) finally on 26.12.2009 opposite party No.2 endorsed remarks on back side of job sheet issued to the complainant regarding extension of three months warranty of handset when ever the handset will be returned to him after repair from L-3.<br /> 2. Further visits to opposite party No.2 of the complainant went invain rather official of opposite party No.2 misbehaved with the complainant instead of returning the handset. The complainant issued a legal notice through his counsel (Ex.C-5) on 16.02.2010 to opposite parties but with no response till date. The prayer of the complainant is regarding replacement of handset with new one or refund of amount spent on purchase and Rs.20,000/- as cost and compensation.<br /> 3. The opposite parties did not appear before Forum despite proper service of notice to all of opposite parties. Hence the opposite parties were proceeded against exparte.<br /> 4. In order to prove his allegations complainant filed his affidavit dated 12.04.2010 Ex.C-1, photocopy of Invoice dated 12.01.2009 Ex.C-2, photocopy of Receipt for Motorola Mobiles(job sheet) Ex.C-3, Remarks Ex.C-4, Legal Notice dated 16.02.2010 Ex.C-5 and postal receipts Ex.C-6 to Ex.C-8 in evidence.<br /> 5. We have perused the evidence brought by the complainant on record and have also heard his counsel at length. After the perusal of the record we are of the considered view that opposite party Nos.2&3 are deficient and negligent in providing services to the complainant regarding his mobile which started malfunctioning even during warranty period of one year from the date of purchase. The opposite party Nos. 2&3 have failed to rectify the fault in the mobile despite of his repeated visits to opposite party No.2. <br /> 6. In view of the above discussion the opposite party Nos.2&3 are deficient in providing the services to the complainant. The opposite party Nos. 2&3 are directed to replace the mobile set in question Model V-8 which is lying with opposite parties till date with a new one with same specifications with fresh warranty or to refund the amount as per invoice in case the set of same model and specifications is not available with opposite parties and to pay Rs.3000/- as cost and compensation to the complainant for mental agony and harassment suffered by him within 30 days from the date of receipt of copy of this order.<br /> 7. A copy of this order be sent to the parties concerned free of cost and file be consigned for record.<br /> <br /> <br /> Pronounced (Vikramjit Kaur Soni)<br /> 10.06.2010 President<br /> <br /> <br /> (Dr. Phulinder Preet)<br /> Member<br /> <br /> <br /> (Amarjeet Paul)<br /> Member<br />