BEFORE THE DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, REWARI

Nishant Yadav S/o Shri Satya Narayan Yadav, resident of VPOKhandora, Tehsil-Bawal, District-Rewari --- !o"#lainant V/s

Kh%shi !o""%nication !entre, Sho# No &'$, O##osite (D)! Ban* Near +%liyani S%#er Store, Rewari thro%,h its Pro#rietor

&

Shar"a !o""%nication, -./., 0rya Sa"a1 Road, Teliwara, Rewari thro%,h its Pro#rietor 2on% Shar"a

2icro"a3 4nfor"atics 5i"ited, !or#orate Office 2icro"a3 (o%se, 678, 9dyo, Vihar, Phase-V, +%r,aon, (aryana, 4ND40 thro%,h its 2ana,in, Director

Kissan :lectronics, Railway Road, Rewari thro%,h its Pro#rietor ---- Res#ondents

COMPLAINT UNDER SECTION 12 OF THE CONSUMER PROTECTION ACT

Res#ected Sir, The co"#lainant "ost res#ectf%lly s%;"its as %nder<$ That the co"#lainant #%rchased an "o;ile "a*e 2icro"a3 "odel ='.. havin, S No +$:T7'$..:'6>.$ and 42:4 No 7$...$'-..68&7/ fro" Res#ondent No $ for an a"o%nt of Rs '?'./- vide Bill No /88' dated-&& )e;r%ary &.$. & That the a;ove said "o;ile #%rchased ;y the co"#lainant have $ year "an%fact%rin, warranty That the "o;ile #%rchased ;y the co"#lainant fro" 4t

res#ondent no $ was fa%lty fro" the very ;e,innin, has networ* #ro;le" i e and the a%dio @%ality no /

its si,nal rece#tion stren,th of the in the call decreased center )or of

is #oor d%e to which the call disconnects in the "iddle rectification of the networ* #ro;le" the co"#lainant visited 2icro"a3 res#ondent "o;ile then the service "onth "any ti"e of )e;r%ary

&.$., ;%t in vein

The res#ondent no / always said that This #ro;le" is ;y 4t the the 0irtel networ* #ro;le" fro" on the the ho%se #art of of

this "o;ile has no networ* #ro;le" yo%r service #rovider i e is installed '.. "eter trade

is #ertinent to "ention here that a 0irtel "o;ile tower away co"#lainant service, res#ondents / That on &8 )e;r%ary &.$. the a;ove said "o;ile shows "any The #ro;le"s "o;ile has li*e rin,er s#ea*er also does and not the rin,, #hoto vi;rator of the "o;ile does not wor* "any of the ti"es han,in, #ro;le" @%ality of the #hotos ta*en ;y the "o;ile is very #oor This shows the ne,li,ence, deficiency in #ractice

%nfair

;eside it has ' 2e,a Pi3el ca"era the a;ove said #ro;le"s the

)or rectification of co"#lainant visited

res#ondent no / the then service center of 2icro"a3 "o;ile on the sa"e day, ;%t in vein #ro;le" no / The res#ondent no / said to the co"#lainant that the "o;ile has no 0fter this ti"e co"#lainant visited res#ondent ti"es, ;%t in in vein service, This shows the trade deficiency %nfair "any

ne,li,ence,

#ractice on the #art of the res#ondents ' That in the "onth of 2arch &.$. co"#lainant a,ain

visited res#ondent no / for rectification of the a;ove said #ro;le" ,iven in Para no - and / of the co"#laint Then the res#ondent no / ta*en ;ac* the "o;ile with ;o3, all the accessories and the ori,inal ;ill No /88' dated-&& )e; sa"e &.$. and they ,iven the recei#t of the The res#ondent no / told to the co"#lainant that

yo% co"e after ' or 8 day then yo%r "o;ile will ;e re#laced 6 That co"#lainant a,ain visited res#ondent no / after ' or 8 day in the "onth of 2arch &.$. then res#ondent no / re#laced the a;ove said "o;ile with the sa"e "a*e and new S No +$:T7'$..)$7>.$ and 42:4 No 7$...$'-..67&/$ and chan,ed this in the ;ill also and ,iven a #hotoco#y of the ;ill to the co"#lainant and said that ori,inal ;ill will ;e retained ;y the co"#any service, This %nfair shows trade the ne,li,ence, on the deficiency #art of in the #ractice

res#ondents 8 That the "o;ile re#laced ;y the res#ondent no / was also fa%lty fro" the very ;e,innin, 4t has sa"e #ro;le" which has ;een faced in the first "o;ile i e

networ* #ro;le" i e

its si,nal rece#tion stren,th is The "o;ile has @%ality of the

#oor, rin,er s#ea*er does not rin,, vi;rator of the "o;ile does not wor* "any of the ti"es han,in, #ro;le" also and the #hoto

#hotos ta*en ;y the "o;ile is very #oor ;eside it has ' 2e,a Pi3el ca"era arch &.$. ;%t the )or rectification of the a;ove said concerned center of #erson of said we are no #ro;le"s the co"#lainant visited res#ondent no / on &/ lon,er the new the service 2icro"a3 "o;ile "o;ile Then

Res#ondent no / ,iven the address of Res#ondent No & service center 2icro"a3 co"#lainant visited Res#ondent No & on the sa"e day for rectification of the a;ove said #ro;le"s, ;%t in vein Res#ondent No & said to the co"#lainant that we can only chan,e the rin,er s#ea*er after availa;ility and Res#ondent No & also said that there is no other #ro;le" in the "o;ile Then Res#ondent No & ,iven his

visitin, card to the co"#lainant and said yo% can call on this n%";er for availa;ility of the rin,er s#ea*er The co"#lainant called "any ti"es on the 2o;ile No 7?$-.'.-.7 of Res#ondent No & for availa;ility of rin,er s#ea*er, ;%t Res#ondent No & always said to the co"#lainant that we have "ailed to the co"#any, when the s#ea*er is availa;le then we can chan,e it The co"#lainant visited "any ti"es Res#ondent No & in the "onth of 2arch, 0#ril, 2ay, >%ne, >%ly and 0%,%st &.$. for rectification of the a;ove said #ro;le"s, ;%t in vein 0%,%st The Res#ondent No & always said the sa"e thin, &.$., ;%t in vein Then co"#lainant sent a The co"#lainant visited Res#ondent No & lastly on $? written co"#laint dated-&. 0%,%st &.$. to Res#ondent No - ;%t no re#ly received ;ac* and no action has ;een ta*en so far This shows the ne,li,ence, deficiency in

service,

%nfair

trade

#ractice

on

the

#art

of

the

res#ondents ? That after not receivin, any satisfactory res#onse fro" res#ondents The co"#lainant #%rchased a new "o;ile "a*e Kar;onn "odel K!--&. on && >%ne &.$. vide ;ill no ''8' for an a"o%nt of Rs $8../- fro" Res#ondent No $ 4t is d%e to non-res#onse fro" res#ondents, the co"#lainant had to #%rchase a new "o;ile 7 That after the every a;ove co"es effort said of the so co"#lainant the act in of the the

res#ondentAs are ada"ant not to rectify the fa%lt and re#lace "o;ile, res#ondents res#ondents $. That the co"#lainant resides in Rewari and res#ondents no $,& and / also havin, offices at Rewari, which is (ence the within the 1%risdiction of the (onA;le )or%" the #resent co"#laint $$ That a co%rt fees of Rs $../- has ;een affi3ed on the %nder deficiency service,

ne,li,ence, %nfair trade #ractice on the #art of the

(onA;le )or%" has ,ot 1%risdiction and entertain to try

co"#laint in the sha#e #ostal order $& That no other co"#laint is #endin, in any co%rt of 4ndia for the sa"e ca%se of action $That the res#ondents have done the act of ne,li,ence, deficiency in service and %nfair trade #ractice and the co"#lainant faced "ental harass"ent, #hysical and "onetary harass"ent

$/

That the Res#ondents are ne,li,ent B there has ;een deficiency in service on their #arts and done %nfair trade #ractices The co"#lainant has ;een harassed #hysically, "entally awarded in favor of The co"#lainant is entitled to co"#lainant and a,ainst the

,et co"#ensation of Rs &..../-, which "ay *indly ;e Res#ondents

$'

That the res#ondents "ay ;e directed to ref%nd the f%ll a"o%nt of the "o;ile with $?C # a interest, co"#ensation to the t%ne of Rs &..../- "ay also ;e awarded for "ental, #hysical and financial harass"ent and liti,ation char,es to the t%ne of R ''../- "ay also ;e awarded or any other award which the (onA;le )or%" dee"s fit Kee#in, in view of the a;ove facts and circ%"stances

co"#lainant "ost res#ectf%lly #rays that res#ondents "ay ;e directed to ref%nd the f%ll a"o%nt of the "o;ile with $?C # a also interest, co"#ensation to the t%ne of Rs &..../- "ay ;e awarded for "ental, #hysical and financial

harass"ent and liti,ation char,es to the t%ne of R ''../"ay also ;e awarded in the line of nat%ral 1%stice or any other award which the (onA;le )or%" dee"s fit Complainant Nishant Yadav S/o Shri Satya Narayan Yadav, resident of VPOKhandora,Tehsil-Bawal, DistrictRewari V !i"i#ation$% Verified that the contents of this co"#laint are tr%e and correct to the ;est of "y *nowled,e and ;elief P50!:< Rewari Date<T&!o'(&$ Co'n) l

D*S* Rao 0dvocate

BEFORE THE DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, REWARI

Nishant Yadav V/s Kh%shi !o""%nication B others

COMPLAINT UNDER SECTION 12 OF THE CONSUMER PROTECTION ACT AFFIDAVIT 4, Nishant Yadav S/o Shri Satya Narayan Yadav,

resident of VPO-Khandora, Tehsil-Bawal, District-Rewari do here;y sole"nly affir" and declare as %nder<$

That 4 address

a"

#er"anent

resident

of

afore"entioned

&

That de#onent is the sole co"#lainant in the #resent co"#laint and is f%lly conversant with the facts of the case and is co"#etent to swear this affidavit

That the contents of the co"#laint acco"#anyin, this affidavit "ay #lease ;e read as #art and #arcel of "y affidavit )%ll details have not ;een re#rod%ced for the sa*e of ;revity and re#etition De#onent

V !i"i#ation$% Verified that the contents of this affidavit are tr%e and correct to the ;est of "y *nowled,e and ;elief P50!:<-Rewari Date< De#onent