SANDEEP KUMAR Vs. SANJEEV ENTERPRISES

JUDGEMENT

(1.) Sh.Sandeep Kumar has filed this complaint under section 12 of the Consumer Protection Act, 1986 praying therein that OP be directed to:-

(2.) In brief, the case of the complainant is that, on 15.10.2010 he purchased one mobile set bearing IMEI No. 352854045148081, Model I-Phone from M/s Sanjeev Enterprises, Sector 22-B, Chandigarh (OP) for Rs.2900/-for which no bill was issued by OP. On his insistence, OP gave its visiting card and made endorsement on it to the effect that the mobile set is covered under warranty for six months only. According to the complainant on reaching home, when he switched on the mobile phone, he found that that the number of a person was already fed in the mobile phone. Thus, it seems that the mobile set was used earlier by someone. Therefore, it was not a new mobile handset. The OP had sold him old mobile handset at the price of a new mobile handset. So the complainant approached OP and requested for change of the mobile set with a new mobile set but OP instead of replacing the set threatened him to involve him in false case of theft. It has been pleaded by the complainant that despite his repeated requests, OP failed to change the used set with the new set which amounts to deficiency in service and unfair trade practice. In these circumstances, the present complaint was filed seeking the reliefs mentioned above.

(3.) OP was duly served but nobody appeared on its behalf either in person or through counsel. Therefore, it was ordered to be proceeded against exparte vide order dated 20.12.2010.