For defective cell phone, 3 parties told to compensate consumer

After two weeks, the mobile started giving problems. It began to hang, lose signals and the sensor was not working.

THE DISTRICT Consumer Disputes Redressal Forum has directed a leading telecommunication service provider, mobile retailer and a mobile repair shop to jointly refund Rs 19,000 and pay compensation of Rs 2,000 to a resident for a defective cell phone.

Karan Dull, a resident of Sector 12-A, had purchased a mobile of HTC, model no. N Desire 816G, for a sum of Rs 19,000 from Raj Traders, Manimajra, in March. However, Dull stated that since then, the mobile had not been working properly.

After two weeks, the mobile started giving problems. It began to hang, lose signals and the sensor was not working. Dull then approached Shivam Communications, a mobile repair shop in Sector 11, Panchkula, which kept the mobile for two days and returned it by saying that the mobile had been repaired as there was some software problem.

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After one week, the mobile again started giving problems, began to hang and used to get automatically switched off. There were issues with the battery too, as it was not charging properly, Dull alleged.

Then Dull visited Raj Traders from where he had bought the phone and explained the problem to them but they allegedly refused to accept the mobile.
In August, Dull again approached Shivam Communications, which received the mobile and assured that the fault would be rectified within two days but returned the mobile set after 23 days. Thereafter, he found that the problem was still there. So, he contacted the customer care many times in vain. Then he was compelled to buy another mobile of Rs 8000 to make a stopgap arrangement.

Following the complaint, notices were issued to the managing director, MPS Telecom Private Limited, New Delhi; managing director, Redington India Ltd, Chennai; managing director/CEO, TVS Electronics Ltd; M/s Raj Traders, Manimajra; and Shivam Communications, Sector 11, Panchkula. However, none appeared and were proceeded ex parte in the case as the court held that their non-appearance despite notices show that they had nothing to say in their defence or against the allegations made by Dull.

“Therefore, the assertions made by Dull go unrebutted… As such, the same are accepted as correct and deficiency in service is proved,” stated the court.
While allowing the complaint, the court directed MPS Telecom Private Limited, Raj Traders and Shivam Communications to jointly refund the price of the mobile — Rs 19,000 — to Dull and pay an amount of Rs 2,000 as compensation for mental agony, harassment and cost of litigation.

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