SEHGAL MOBILE HOUSE Vs. BALDEV KRISHAN

JUDGEMENT

(1.) - Baldev Krishan respondent had purchased a mobile set from the appellants for a sum of Rs. 4,250/ - with one year guarantee. The said mobile set went out of order in the month of February, 2010. It was given to the appellants for repairs on 18.2.2010. The respondent went to the appellant for a number of times but in vain. The appellants then called the respondent that the mobile set has been repaired and he was asked to take the repaired mobile set. The respondent reached there. It was still out of order. The memory card was missing in it. The appellants asked the respondent to go to the service centre for its repair as he had no time to repair it. Alleging deficiency in service on the part of the appellants, the respondent filed a complaint against them in the learned District Consumer Disputes Redressal Forum, Kapurthala (in short "the District Forum") for refund of the mobile price. Compensation and costs were also prayed.

(2.) THE appellants filed the written statement. It was pleaded that the mobile set carried one year guarantee. It was purchased by the respondent on 19.3.2009 and the complaint has been filed on 19.3.2010 i.e. after the expiry of the warranty period.

(3.) IT was further pleaded that the appellants only deal in sale and purchase of the mobile set and the guarantee was extended by the manufacturers. It was denied if there was any deficiency in service on the part of the appellant. Dismissal of the complaint was prayed.