The Consumer Protection Act is enacted to serve the twin purpose of – to safeguard the genuine interest of prospective consumers who avail the intended goods/services and to act as a deterrent towards any such wilful service provider who do not adhere to the fair practices while providing the respective goods or services
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As in an recent case, the District Consumer Redressal Forum , Panchkula has indicted Micromax Company Gurgaon and one of its authorised service centre at Sec-11 , Panchkula , as guilty of deficiency in service for not returning the mobile phone handset of a customer who gave the same for repair. The handset manufacturing company Micromax Informatics Ltd. Gurugram , through its Managing Director and Micromax care sector 11 Panchkula, the service centre , has been asked to pay 11000 INR as cost of Mobile handset to the complainant Prashant Kumar, resident of Subash Nagar, HMT, Pinjore, at 9% @ annum.
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Micromax and its service franchise were also directed to pay Rs.5000 on account of causing mental agony to the complainant and Rs. 5000 towards litigation expenses. What led to the said happening was a series of events as the handset in question was given as a gift from the elder brother of the complainant , in 2015 and the gifted handset developed some technical snag due to which the complainant took the same to the authorised service centre at Sec.11 Panchkula where it was found that the handset is having some charging problem. The handset ’s warranty period has already been lapsed. The handset was submitted on March 4 , 2016 at the said service centre for removal of defect. The dealing hand at service centre asked for a day’s time to fix the technical problem of the handset and told to come on next day .
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And when the complainant visited on next day he was again asked that as the required part was not readily and presently available so he has to wait for another 2-3 days for fixation of the handset ’s technical defect. Thereafter, the complainant made several visits at the office of the service centre , but every time he was told to wait for another 2-3 days and the same sequence persisted till March 2018 when one day he was told that the office has closed its business .At the end Left helpless and frustrated he sought legal help.
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Consequent upon a legal notice was sent to the concerned parties , the complainant was called by an official of legal department of the company Micromax even after a series of detailed discussion as revealed by the call details of the complainant nothing concrete happened to solve the problem and redressal of the grievance of the complainant. In March 2019, despite the sending of notices to the respondents, they failed to appear before the forum due to that ex-parte proceedings were initiated against them.
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Although the representatives of the company did seemed to contest the complaint filed by the complainant , but they didn’t file any written statement to that effect leading the forum to conclude that there has been a deficiency of service caused by the company and the service centre so liable to be penalised for such conduct .
So we can conclude also that the law is always to offer help but only when someone is inclined to seek and approach the appropriate and competent resource person and institution.
Rest for case specific advice, please contact best top Consumer Court Advocate lawyer of Chandigarh Panchkula Mohali.
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