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Mobile worth Rs 11,000, forum tells company to pay Rs 36,000 for not rectifying defect

Rana sent legal notices and also contacted the customer care of the mobile company, but to no avail.

Panchkula |
December 26, 2014 11:47:35 am
Rana sent legal notices and also contacted the customer care of the mobile company, but to no avail. Rana sent legal notices and also contacted the customer care of the mobile company, but to no avail.

Kartik Kumar

The district consumer disputes redressal forum of Panchkula has ordered a mobile company and its authorised service centre to pay Rs 36,000 as compensation to a consumer for failing to rectify the defect in a mobile phone worth Rs 11,000.

Pawan Rana, a resident of Baltana, had bought a Micromax phone for Rs 11,000 from Gupta Communications in Sector 11, Panchkula, in January 2014. Three months later, the mobile’s sensor stopped functioning. This was brought to the notice of the shop officials who forwarded the device to the authorised service centre for repair.

A month later, the shop returned the phone to Rana but he found that the defect had not been rectified. He then directly approached the authorised service centre which kept the phone for repair. A week later, when he went to collect the phone, the engineer present there informed Rana that they were unable to fix the defect and had no solution.

Rana then sent legal notices and also contacted the customer care of the mobile company, but to no avail. Therefore, he approached the consumer court.

Micromax, in its reply, denied any liability for the defect and stated that the handset had been found to be in working order when the complainant  approached them. Thus, there was no question of giving any replacement as no complaint was made by Rana after that.

Gupta Communications in their reply stated that they were neither the supplier nor distributor of Micromax and they were only a dealer of mobile phones and, therefore, could not be held accountable for the defect in the product.

The forum, presided over by Justice (retd) Dharam Pal, noted that the phone had a defect and that it was sent to the authorised service centre for repair on two occasions. Also, Micromax had not presented any document or evidence to prove that the phone was in a working condition. Nor had they given an explanation for not replying to the legal notices sent by the complainant.

It held that Gupta Communications were not liable for any inherent defect in the phone and there was no deficiency in service on their part. The forum ordered the mobile company and its service centre to refund the phone’s cost of Rs 11,000 and also pay Rs 20,000 for causing harassment and Rs 5,000 towards litigation cost within a period of 30 days.

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