THE PANCHKULA District Consumer Disputes Redressal Forum has directed a mobile company manufacturer to refund Rs 12,300 and pay a fine of Rs 5,000 to a Sector 7 resident after a cellphone bought by him was not repaired free of cost within the warranty period.
Lalit Gupta, a Sector 7 resident, had bought a Micromax A116 in January last year for an amount of Rs 12,300 from Dishu Mobile, Sector 11, who guaranteed a warranty period of one year for the phone. However, Gupta said six months after the purchase, the mobile phone started having problems with the battery back-up.
He showed the phone to the dealer he purchased it from and was advised to visit a cellphone repair shop, M/s Abacus Systems, Manimajra. Gupta was asked to buy a new battery, which he bought for Rs 800. But, after a few months, in October, the cellphone again started having problems with the battery back-up and failed to get charged in ‘switch on’ mode.
He again visited the mobile repair shop and requested them to either replace the mobile with a new handset or repair the same set free of cost but they refused, claiming that the seal of the mobile phone was not intact.
He was asked to pay Rs 4,000, if he wanted to get the mobile repaired despite the fact that mobile phone was within the warranty period.
Notices were issued to Micromax and the repair shop owners. However, the notices were not received served or unserved, but the dealer argued that mobile phone carried the warranty of one year for the handset and six month for the accessory and since, the period of warranty of the accessory had expired so Gupta had to bear the expenses to change the same.
Following examination of the evidence, the forum said although the mobile dealer claimed that the warranty of the handset was for one year, but that of accessories was only for six months, but had not submitted any evidence to corroborate his statement, which proves deficiency on part of the mobile phone company and the dealer.
The forum directed the mobile company to refund the amount of Rs 12,300 for the cell-phone, and pay a compensation of Rs 5,000 to Gupta for mental agony and harassment and Rs 2,000 as litigation costs.